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E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, R.B.MISRA, V.BALAKRISHNA ERADI, V.KHALID
Kirpal Singh, M. L. A. – Appellant
Versus
Uttam Singh – Respondent
What is the appropriate interim order when an election is set aside for improper rejection of another candidate's nomination? (!)
Key Points: - Kirpal Singh's election to Punjab Legislative Assembly was set aside by High Court due to improper rejection of Basant Singh's nomination paper, as LIC staff regulations did not disqualify him under election law (!) - Supreme Court made interim order allowing appellant to attend Assembly, sign register, but not participate, vote, or draw remuneration (!) - More appropriate order suggested: absolute stay when election set aside for no fault of returned candidate (e.g., improper rejection of another's nomination) to avoid unrepresented constituency (!) - Appeal became infructuous due to subsequent elections; Court declined to decide on disqualification of public corporation employees under Art. 191(1)(e) and recommended Parliamentary legislation [1000206260001] (!) [1000206260002] - Art. 191(1)(a)-(e) and Representation of the People Act aim to preserve election purity by disqualifying government employees and certain company office-holders (!) (!) (!) (!) (!) - High Court's award of costs against appellant set aside as uncalled for, since no fault or disqualification of returned candidate [1000206260003] - Appellant entitled to remuneration for elected period [1000206260003]
JUDGMENT
CHINNAPPA REDDY, J. :— Shri Kripal Singh was elected to the Punjab Legislative Assembly from Majitha Constituency at the general elections held in 1972. His election was set aside by High Court in an Election Petition filed by one of the defeated candidates on the ground that the nomination paper of another candidate was improperly rejected by the Returning Officer. The nomination paper of one Basant Singh had been rejected on the ground that Basant Singh was a development officer in the employment of the Life Insurance Corporation and was therefore ineligible to seek election to the Assembly under the Staff Regulations of the Life Insurance Corporation. The High Court took the view that if Basant Singh defied the Staff Regulations and sought election to the Assembly he might have made himself liable to disciplinary action but that did not disqualify him from seeking election to the Assembly. So the nomination paper of Basant Singh was held to have been improperly rejected and the election of Kripal Singh was set aside. His election having been set aside he appealed to this Court under Section 116-A of the Representation of the People Act. While admitting the appeal this C
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