Judgment

SARKARIA, J.:- This is an appeal under Sections 116-A and 116-B of the Representation of the People Act, 1951, (hereinafter referred to as the Act) against a judgment dated Sept. 5, 1980, of a learned Judge of the High Court of Madhya Pradesh, whereby the Election Petition 1 of 1980, filed by the respondent was accepted and the appellants election to Lok Sabha was declared to be void.

2. The principal question that falls to be determined in this appeal is, whether the election of a returned candidate whose appeal against the orders of his conviction and sentence exceeding two years imprisonment, pending at the date of the scrutiny of nomination papers, is accepted by the appellate court, resulting in his acquittal, before the decision of the election-petition against him, can be declared to be void under Section 100 (1) of the Act, on the ground that he was disqualified from being chosen as a candidate within the meaning of Section 8 (2) of the Act. The material facts are as follows :

The respondent and the appellant contested the election as rival candidates, to the Lok Sabha from No. 18, Mahasamund Parliamentary Constituency in Madhya Pradesh. The last date for filing nomin