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.