LAW FOR ALL

ELECTION PETITION FILED BY VOTER - IMPROPER ACCEPTANCE OF NOMINATION DESPITE OF SUPPRESSION OF MATERIAL FACTS - HIS ELECTION IS VOID- HIGH COURT ALLOWED THE SAME AND SET ASIDE THE ELECTION OF RETURNED CANDIDATE - APEX COURT HELD THAT Once it is found that it was a case of improper acceptance, as there was misinformation or suppression of material information, one can state that question of rejection in such a case was only deferred to a later date. When the Court gives such a finding, which would have resulted in rejection, the effect would be same, namely, such a candidate was not entitled to contest and the election is void. Otherwise, it would be an anomalous situation that even when criminal proceedings under Section 125A of the Act can be initiated and the selected candidate is criminally prosecuted and convicted, but the result of his election cannot be questioned. This cannot be countenanced. The upshot of the aforesaid discussion would be to hold that the present appeal is totally devoid of any merits and is, accordingly, dismissed.= KISAN SHANKAR KATHORE |…..APPELLANT(S) | | | | |VERSUS | | |ARUN DATTATRAY SAWANT & ORS. |…..RESPONDENT(S) | = 2014 (May. Part ) http://judis.nic.in/supremecourt/filename=41540