Supreme Court of India

Thampanoor Ravi v. Charupara Ravi and Ors.

Neutral citation

Reported as [1999] SUPP. 2 S.C.R. 419

Bench Dr. A.S. Anand, S. Rajendra Babu and R.C. Lahoti JJ.

Decided 15 September 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow the appeals [C.A.Nos. 7395-7396/97] filed by the returned candidate and set aside the order passed by the learned Judge declaring his election to be void on the ground that he has incurred necessary disqualification as provided under Article 19l(l)(c) for being chosen to the Assembly as Member thereof on account of the fact that he was an "undischarged insolvent".

Judgment, page 19

From the headnote

Constitution of India, 1950: Article 191(/)(c). Election- "Undischarged insolvent"-Disqualification-For election as MLA-Determination of-Held: Cannot be determined by High Court trying an election petition- person has to be adjudged as insolvent under the Insolvency Act before attracting disqualification under Art. 19/(J)(c) lnsolvency Act is a complete code and court constituted under that Act alone is competent to decide that question and not any court or authority Dictionary or general·meaning of "insolvency" has no relevance-The special meaning of "undischarged insolvent" under the law

Authorities it was built on

1988 Upadhyaya Hargovind Devshanker v. Dhirendrasinh Virbhadrasinhji Solanki & Others cited by 5

Where later benches applied it

2017 Abhiram Singh v. C.D. Commachen (dead) by Lrs. & Ors. relied on
2024 Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. referred to
2022 M/s. Jindal Steel and Power Limited v. The Chhattisgarh State Electricity Regulatory Commission and Ors. referred to
2021 Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors. referred to

Of those, 1 relied on · 3 referred to

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