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Suprme Court Orders Trial of Election Petition against Ashok Kheny, setting aside the High Court's Order

Published On : 19 Jul 2016   |  Reported By : Gopala Krishna


Bengaluru: The 3 Judges bench of the Hon’ble Supreme Court of India headed by Hon'ble Justice Jagdish Singh Khehar along with Hon'ble Justice Kurian Joseph and Hon'ble Justice Arun Mishra set aside the Orders passed by the Hon’ble High Court of Karnataka on 05-09-2014 which had struck down the Election Petition against Sri Ashok Kheny, MLA, Bidar South.

The election of Sri Ashok Kheny was challenged by the Anti-Corruption Activist, Sri Abraham.T.J on the grounds:

(1) That Sri Ashok Kheny was not a citizen of India, as he had acquired the citizenship of U.S making him ineligible to contest any elections in India, attracting Section 9 of the Citizenship Act, 1955 which terminates his Indian Citizenship on the acquisition of the citizenship of the foreign country

(2) That Sri Ashok Kheny had attracted disqualification because he had a contract with the Government of Karnataka as the MD of NICE Ltd., for the execution of Bangalore-Mysore Infrastructure Corridor Project - NICE which disqualifies him from contest, attracting Section 9A of the Representation of People Act, 1951; and

(3) That the inclusion of the name of Sri Ashok Kheny being illegal as such disabling him from contesting with an illegal entry of his name in the voter list of Bidar South Assembly Constituency.

The Hon’ble Supreme Court of India, today as remanded the matter back to the High Court for Trial on merits







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