2020 (12) TMI 1416 - SC - Indian Laws

Vote cast before conviction remains valid; disqualification applies only after conviction under Article 193

PRADEEP KUMAR SONTHALIA Versus DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

PRADEEP KUMAR SONTHALIA Versus DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR. - TMI ISSUES: Whether a vote cast by a Member of the Legislative Assembly in a Rajya Sabha election in the forenoon of the election day becomes invalid if the Member is convicted and sentenced by a criminal court in the afternoon of the same day'Whether the disqualification under Article 191(1)(e) of the Constitution read with Section 8(3) of the Representation of the People Act, 1951, takes effect from the beginning of the date of conviction (00:01 A.M.) or from the actual time of conviction'Whether the vote cast by a Member who is subsequently convicted and disqualified on the same day can be declared void and thereby invalidate the election result under Section 100(1)(d)(iii) of the Representation of the People Act, 1951'Whether the Returning Officer's rejection of an objection to a vote on the ground of not having received the conviction judgment before declaration of results is lawful'Whether, if the vote is invalidated, the defeated candidate is automatically entitled to be declared duly elected? RULINGS / HOLDINGS: The vote cast at 9:15 A.M. was valid despite the conviction and sentence imposed at 2:30 P.M. on the same day; the disqualification under Section 8(3) of the Representation of the People Act does not relate back to the start of the date but commences from the actual time of conviction.The phrase 'the date of such conviction' in Section 8(3) means the point in time when the conviction and sentence are pronounced, not the entire calendar day; thus, disqualification cannot precede the conviction itself.The Returning Officer's rejection of the objection was not unlawful given that the conviction judgment was not received before declaration of results, and the vote was properly counted.The defeated candidate is not automatically entitled to be declared elected if the vote is invalidated, especially in the context of a complex proportional representation election by single transferable vote system. RATIONALE: The Court applied the constitutional provisions of Article 191(1)(e) and Article 190(3) regarding disqualification and vacation of seats, read with Section 8(3) of the Representation of the People Act, 1951, which prescribes disqualification 'from the date of such conviction.'The Court rejected the argument that 'date' must be interpreted as the entire calendar day beginning at 00:01 A.M., relying on precedent which held that statutory dates may be limited to the actual time an event occurs to avoid absurdity and confusion.The principle of legality and the presumption of innocence until conviction were emphasized, holding that disqualification cannot be deemed effective before the actual conviction time, as that would violate fundamental principles of criminal jurisprudence.The Court invoked the de facto doctrine to uphold the validity of acts performed by a person before disqualification takes effect, to prevent 'endless confusion and needless chaos.'The Court distinguished the penalty provision under Article 193 from the civil consequences of disqualification, clarifying that penalties do not preclude automatic civil consequences such as loss of membership and voting rights upon conviction.Precedents on interpretation of 'date' in various contexts (e.g., election scrutiny, insurance contracts, limitation periods) were examined and found not to support the appellant's contention for a retroactive disqualification.The Court recognized the complexity of proportional representation by single transferable vote system and declined to grant automatic election to the petitioner on invalidation of a single vote without clear evidence that the outcome would have changed.