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Constitutional LawSupreme Court of India

K.M. Shaji v. M.V. Nikesh Kumar & Ors.

with connected appeals · 2026 INSC 111Decided 29 Jan 2026
with connected appeals
Justice B.V. Nagarathna · Justice Ujjal Bhuyan

Background

A Kerala MLA's 2016 election was voided for corrupt practices, and the High Court additionally disqualified him from contesting for six years on its own authority.

Decision Breakdown

The Supreme Court struck down the six-year disqualification, holding only the President (on the Election Commission's advice) can impose such disqualification under Section 8A of the RP Act: a court that voids an election cannot itself add that penalty. Since the disputed term had since expired, the underlying election-void finding was left undisturbed as moot.

Lesson Learnt

A court that voids an election for corrupt practices cannot itself bar the candidate from future elections: that power belongs exclusively to the President via the Election Commission.

K.M. Shaji v. M.V. Nikesh Kumar & Ors. – Legal Case Shots | LegalAware