SHAJI P.CHALY
Saritha s. Nair, D/o. Indira Nair – Appellant
Versus
Chief Election Commissioner Of India – Respondent
JUDGMENT :
The captioned Election Petitions are filed by one and the same petitioner, challenging the election held in April, 2019 to the Parliamentary Constituencies of 04' Wayanad and 12' Ernakulam, on the ground that her nominations were rejected by the Returning Officer of the respective Constituencies, having been suffered with conviction in C.C.No.1300/2013 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta imposing three years imprisonment and a fine of Rs.45 lakhs, and C.C.No.102/2014 of Judicial First Class Magistrate Court-I, Perumbavoor, imposed with imprisonment for a period of three years and a fine of Rs.10,000/-, as per the disqualification prescribed under Sec.8(3) of the Representation of People Act, 1951 (for brevity, 'the Act, 1951').
2. On filing the Election Petitions, defects were noted by the Registry and except one defect, all are typical in nature. The additional defect is in Election Petition No.4 of 2019, noting that the prayer made by the petitioner is incomplete. The Election Petitions were posted before the Court without numbering them in view of the defects noted, and the Registry was directed to number the Election Petitions as
Election Commission of India v. Saka Venkata Subba Rao and Others' AIR 1953 SC 210
G. Mallikarjunappa and Another v. Shamanur Shivashankarappa and Others' (2001) 4 SCC 428
G.M. Siddeshwar v. Prasanna Kumar' (2013) 4 SCC 776
Jyoti Basu and Others v. Debi Ghosal and Others' (1982) 1 SCC 691
Lily Thomas v. Union of India and Others' (2013) 7 SCC 653
Lalsai Khunte v. Nirmal Sinha and Others' (2007) 9 SCC 330
Meethian v. Poulose' 1997 KHC 118 : 1997 (1) KLT 623
Mary Thomas v. Anil Akkara (M.L.A Wadakkanchery) and Others' 2017 (2) KHC 518
Michael B. Fernandes v. C.K. Jaffar Sharief and Others' (2002) (3) SCC 521
Ravikant S. Patil v. Sarvabhouma S. Bagali' (2007) 1 SCC 673
Ravindra Ramji Mundhe v. Avadhoot Anil Tatkare and Others' 2018 (1) MhLJ 450
T.Phungzathang v. Hangkhanlian and Others' (2001) 8 SCC 358
T.M. Jacob v. C. Poulose and Others' (1999) 4 SCC 274
Umesh Challiyil v. K.P. Rajendran' (2008) 11 SCC 740
V.S. Achuthanandan v. P.J. Francis and Another' (1999) 3 SCC 737
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