AIR 1994 KARNATAKA 35 ::(1993) ILR (Kant) 2528

Karnataka High Court

Hon'ble Judge(s): S. B. Majmudar , C.J. AND S. Venkataraman , J

(A) Constitution of India , Art.192(1), Art.226, Art.103— Disqualification from membership of State Legislature - Decision of Governor based on opinion of Election Commission - Can be reviewed by High Court if opinion is based on no evidence or is perverse. It cannot be said that only because it is provided under Art.192(1) that the decision of the Governor shall be final, it cannot be reviewed in judicial proceedings before the High Court under Art.226. On the contrary if it is shown to the High Court under Art.226 that the decision of the Governor is based on opinion of the Election Commission which in turn is based on no evidence whatsoever regarding the alleged disqualification of the Member or the decision is perverse, it can be reviewed in judicial proceedings. It is of course well settled that re-appreciation of such evidence is outside the purview of such proceedings.(Para 12 22) (B) Constitution of India , Art.192(1), Art.226, Art.103, Art.329(b)— Disqualification from membership of State Legislature - Decision of Governor that a member incurred post election disqualification - Cannot be challenged as election dispute - Writ petition not barred by provision of Representation of the People Act. Representation of The People Act (43 of 1950)....