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2020 Supreme(SC) 707

S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
SARITHA S. NAIR – Appellant
Versus
HIBI EDEN – Respondent


Advocates Appeared:
For the Appellant :D. Geetha, V. Ramasubramanian, Advocate

JUDGMENT

V. Ramasubramanian, J.

As against a common order passed by the High Court of Kerala throwing out 2 election petitions filed by the petitioner herein, on the ground of incurable defects, the election petitioner has come up with the above Special Leave Petition. This SLP arises out of Election Petition No.4 of 2019. Another Election Petition filed by the very same petitioner against the very same common order, but arising out of Election Petition No.3 of 2019 was dismissed by this Court on 02.11.2020 for non-prosecution. Therefore, this order covers Election Petition No.4 of 2019.

2. Heard Ms. D. Geetha, learned counsel for the petitioner.

3. In the elections held to the Lok Sabha in April-May, 2019, the petitioner filed her nomination on 04.04.2019 in the Ernakulam Constituency. The petitioner was to contest as an independent candidate.

4. On 06.04.2019 the nomination of the petitioner was rejected on the ground that she was convicted in 2 criminal cases, one in CC No. 1300 of 2013 on the file of the JFMC-I, Pathanamthitta and another in CC No. 102 of 2014 on the file of the JFMC-I, Perumbavoor. In the first case the petitioner was imposed with a punishment of imprisonment for 3


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