AIR 1999 SUPREME COURT 3309 ::1999 AIR SCW 3299 ::1999 (6) Kant LD 742 ::1999 (7) ADSC 871 ::1999 ADSC 7 871 ::2000 (1) UJ (SC) 51 ::1999 (8) SCC 74 ::1999 (4) RecCivR 261 ::(1999) 5 Scale 511 ::(2000) 1 AllMR 85 (SC) ::2000 (1) All MR 85 ::(1999) 6 AndhLD 46 ::1999 (3) Ker LT 487 ::2001 (3) LRI 508 ::(1999) 8 Supreme 72 ::(1999) 7 JT 231 (SC) ::1999 (7) JT 231

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): A. S. Anand, S. Rajendra Babu, R. C. Lahoti , JJJ

(A) Constitution of India , Art.329(b), Art.191(1)(c)— Representation of The People Act (43 of 1950) , S.100— Election petition - Ground that returned candidate is disqualified being an undischarged insolvent - Returned candidate not adjudged as insolvent by insolvency Court - Election Court cannot declare him to be undischarged insolvent. The Insolvency Act is a complete Code and determination of all questions regarding insolvency including a question as to whether (1) a person is an insolvent or not, or (2) an insolvent be discharged or not and subject to what conditions, can be decided by the Court constituted under that Act alone. It is only when exceptions are carved out as is done in the case of S. 2(8) of the Sale of Goods Act any other Court or authority can decide such questions. Even an ordinary civil Court will not have jurisdiction to decide questions arising under insolvency enactments; much less a Special Authority like the High Court exercising jurisdiction under Representation of the People Act when it is not invested with such power under the Insolvency Act. It could not, therefore, be said that the High Court while dealing with an election petition has the jurisdiction to decide a question as to whether a person is an undischarged insolvent or not. In the absence of any such adjudication by the insolvency Court the High Court could not decl....