THAMPANOOR RAVI versus CHARUPARA RAVI AND ORS.

Citation: [1999] SUPP. 2 S.C.R. 419 · Decided: 15-09-1999 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

THAMPANOOR RA VI 
v. 
CHARUPARA RAVI AND ORS. 
SEPTEMBER 15, 1999 
[DR. A.S. ANAND, C.J., S. RAJENDRA BABU AND 
R.C. LAHOTI, JJ.] 
Constitution of India, 1950: Article 191(/)(c). 
A 
B 
Election-"Undischarged insolvent"-Disqualification-For election C 
as MLA-Determination of-Held: Cannot be determined by High Court 
trying an election petition-A 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 D 
meaning of "undischarged insolvent" under the law of insolvency is only 
applicable-The meaning of 'insolvent' under the Sale of Goods Act, 1930 
irrelevant-Representation of the People Act, 1951, S.100. 
Article 191-Disqualification-Conditions for-Election as MLA-Held: E 
Cannot be enlarged by importing any meaning other than permissible on a 
strict interpretation of the expressions used therein. 
Representation of the People Act, 1951: 
Section JOO-Election-Election petition-Trial-High Court-
Jurisdiction of-Held : Is limited to the extent conferred by the Act- F 
Constitution of India, 1950, Art. 329(b). 
Election-Voting, electing and contesting-Rights of-Held: These are 
statutory rights circumscribed by limitation contained therein-Therefore, if 
the statutes clearly indicate the policy of law, it is not open to the court to G 
interpret such statutes to find out the legislative intent of the provisions. 
Section 123-Election-Corrupt practices-Bribery-Allegation that 
the returned candidate using his position and status secured several bottles 
of rum from Military Canteen and supplied them in his constituency-Witnesses 
did not have any personal knowledge and came to know about the matter H 
419 
420 
SUPREME COURT REPORTS [1999) SUPP. 2 S.C.R. 
A from the employee of the Military Canteen who was not examined-Held: In 
the absence of examination of the said employee, evidence is vague, not clear 
and definite much less reliable-Hence, High Court rightly held there was 
no acceptable evidence which could bring the case within the expression of 
"bribery" under S.I23-0ther allegations of corrupt practices also not 
established. 
B 
Interpretation of Statutes: 
External aids-Dictionary meaning-Relevancy of- Held: If an 
expression has acquired a special connotation in law, it must be assumed 
that the legislature has used it in a legal sense, not according to dictionary 
C or general meaning. 
D 
E 
External aids-Constituent Assembly Debates-Discussion in-
Reference to-Implication of-Stated. 
"'' 
Words and Phrases: 
"Undischarged insolvent "-Meaning of-In the context of Art. 191 (1) (c) 
of the Constitution of India, 1950. 
ltisolvent"-Meaning of-In the context of S.2(8) of the Sale of Goods 
Act, 1930. 
"Bribery"-Meaning of-In the context of S.123 of the Representation 
of the People Act, 1951. 
The appellant was declared elected to State Legislative Assembly. The 
respondent, the defeated candidate, filed an election petition challenging the 
F election of the appellant on the grounds that he was disqualified from being 
chosen as a MLA since he was an undischarged insolvent within the meaning 
of Article 19l(l)(c) of the Constitution and that he had indulged in corrupt 
practices within the meaning of Section 123 of the Representation of the 
People Act, 1951. The respondent alleged that the appellant using his position 
and status secured several bottles of rum from a Military Canteen and 
G supplied them in his constituency. The witnesses had no personal knowledge 
of'the bottles being carried but they came to know about the matter from the 
employee of the Military Canteen who was not examined. 
The High Court held that the expression "undischarged insolvent" 
which was not defined in the Provincial Insolvency Act, 1920 should be given 
H its natural meaning. instead of a technical meaning given in the Insolvency 
r 
THAMPANOORRAVI v.CHARUPARARAVI 
421 
Act so that the disqualification applied to any person who was shown to be A 
unable to pay his debts on the relevant date. The High Court referring to the 
Debates in the Constituent Assembly and to the suggestion of Sir AIJadi 
Krishnaswamy Ayyar that the expression "if he is an undischarged insolvent" 
should be in terms of Section 73 of the Insolvency Act which was not 

Excerpt shown. Read the full judgment & AI analysis in Lexace.