Delay in final disposal of election petitions defeats the objective of democratic elections

2 years ago Trivandrum lawX

The People's Representative Act, 1951 is having the reputation of being one of the guardian of democratic rights in India. Whereas, the delay in the judicial proceeding has questioned the attainability of the rights guaranteed under this statute.  The Supreme Court declared an Appeal filed by former MLA K R Pura Assembly Constituency. Bengaluru against the order of the High Court declaring his election as the member of the state legislative council as void., as infructuous. This verdict is passed after eight years of the former MLA had completed his tenure.  

16-04-2008 : Election Notified 

27.05.2008 : Result Published.

01.06.2012 : Election of the   N.S. Nandiesha Reddyin   was   held   to   be void.

11.06.2012 : Appeal filed in Supreme Court against the High Court order.

May 2013 : His tenure as MLA ended.

03.08.2021 : Supreme Court held the appeal filed by N.S.Nandiesha Reddyas infructuous.

The election of the former MLA as declared as void by the High Court under Section 100(1)c as the High Court was of the opinion that nomination of kavitha Mahesh the respondent in this case was wrongly rejected.  The appellant is currently the Chairman of Bangalore Metropolitan Transport Corporation.

This appeal was heard along with the Appeal filed by the returning officer against the order of the High Court to the Registrar General of the High Court to register a complaint against the appellant in accordance with the law for provisions of Section 193 of the Indian Penal Code, 1860 for giving false evidence in the election petition. The apex court allowed the appeal and set aside the order against the returning officer.

Please click the following link :

N.S. Nandiesha Reddy  Vs  Kavitha Mahesh CIVIL APPEAL NO.4821 OF 2012.









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