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Sau. Sharda Suresh Ingole v. Additional Commissioner, Amravati Division

Civil Appeal · 2018 INSC 286Decided 28 Mar 2018
Civil Appeal No. 3351 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar · Justice Navin Sinha

Background

The appellant, an elected member of a Gram Panchayat, had been disqualified on two grounds: that she had not constructed a toilet at her residence, and that her husband was a paid employee of the Panchayat. She argued before the Supreme Court that her husband was only a daily wager who had since left that job, and that a toilet with the required facilities had in fact already been constructed. By the time the appeal reached the Supreme Court, her original term of office had already expired, and she informed the Court she intended to contest the fresh elections.

Decision Breakdown

Given that the appellant's original term had already expired and she was contesting fresh elections, the Supreme Court held that it was for her to pursue her fresh nomination, with the authorities free to examine at the scrutiny stage the same factual submissions she had made (regarding the toilet's construction and her husband's employment status). The Court set aside the impugned High Court/Tribunal judgment that had upheld her disqualification, and disposed of the appeal on these terms without going into a fresh merits determination of the original disqualification, since the underlying term had lapsed.

Lesson Learnt

Where an election-disqualification dispute becomes practically moot because the elected term has already expired, the Supreme Court may set aside the disqualification order and leave the same factual issues to be freshly examined by the election authorities if and when the person seeks re-nomination, rather than deciding the stale controversy on its old merits.

Official source (sci.gov.in)View Judgment (PDF)

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