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september 2013

Supreme Court of India · 2013-09-16

Raghvendra Kumar vs Prabal Kumar & Ors

Citation / case number
AIR 2014 SC (SUPP) 608
Court
Supreme Court of India
Petitioner
Raghvendra Kumar
Respondent
Prabal Kumar & Ors
Bench
J. Chelameswar, H.L. Gokhale

Judgment text excerpt

The Supreme Court held that the Division Bench of the Allahabad High Court erred in staying the order of the Returning Officer which cancelled the nomination of respondent No.1 under Section 307 IPC due to his conviction. The Court clarified that the suspension of sentence does not equate to acquittal, and a conviction involving moral turpitude disqualifies a candidate from contesting elections. Consequently, the appeal was allowed, the High Court's order was set aside, and the writ petition was dismissed, resulting in the respondent vacating the office of Pradhan.

Raghvendra Kumar vs Prabal Kumar & Ors · Niyam