2026 (7) TMI 307

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....AS HIGH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 17-6-2026<br>W. P. No. 15673 of 2026 - -<br>Income Tax<br>Honourable Mr. Sushrut Arvind Dharmadhikari, Chief Justice And Honourable Mr.Justice G.Arul Murugan For the Petitioner(s) : Mr. M.Karthikeyan For the Respondent(s) : Mr. A.P.Srinivas Senior Standing Counsel for R1, Mr. Niranjan Rajagopalan Standing Counsel for R2 to R4, Mr.....

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....ition presented to such authority and in such manner as may be provided for or by or under any law made by the appropriate legislature. 3. In Section 100 of the Representation of the People Act, 1951, grounds for declaring election to be void have been set out, which can be raised only by way of election petition. 4. The Supreme Court in the case of Kisan Shankar Kathore v. Arun Dattatray Sa....

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....lse or it did not contain complete information leading to suppression, it can be held at that stage that the nomination was improperly accepted. Ms. Meenakshi Arora, learned senior counsel appearing for the Election Commission, right argued that such an enquiry can be only at a later stage and the appropriate stage would be in an election petition as in the instant case, when the election is chall....

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....ame, namely, such a candidate was not entitled to contest and the election is void. Otherwise, it would be an anomalous situation that even when criminal proceedings under Section 125A of the Act can be initiated and the selected candidate is criminally prosecuted and convicted, but the result of his election cannot be questioned. This cannot be countenanced." 5. The Apex Court, in the judgment....