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PETITIONER: SARAT CHANDRA RABHA AND OTHERS
Vs.
RESPONDENT: KHAGENDRANATH NATH AND OTHERS.
DATE OF JUDGMENT: 27/10/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K.
CITATION: 1961 AIR 334 1961 SCR (2) 133 CITATOR INFO : RF 1969 SC1201 (47) D 1977 SC1485 (19) RF 1980 SC2147 (58) RF 1989 SC 653 (10)
ACT: Election Dispute-Disqualication--Conviction by Court--Rejection of nomination Paper-Remission of sentence by Government, if operates as reduction of sentence by Court-Inference of consent to corrupt Practice from proved facts’ if a mixed question of fact and law-Refiresentaton of the People Act, 1951 (43 of 1951), ss. 7(b), 100(1)(b)-Code of Criminal Proeedure (Act V of 1898), s. 401-
HEADNOTE: The appellant’s nomination paper for election to the Assam Legislative Assembly was rejected by the Returning Officer on the ground of disqualification under S. 7(b) of the Representation of the People Act, 195, in that he had been convicted and sentenced to three years’ rigorous imprisonment under s. 4(b) of the Explosive Substances Act (VI of 1908) and five years had not expired after his release. The appellant had applied to the Election Commission for removing the said disqualification but it had refused to do so. Th...