K.M. Shaji v. M. V. Nikesh Kumar 2026 INSC 111 - Election - Representation Of People Act - Disqualification Order
Representation of the People Act, 1951 - Section 8A -The power to pass an order of disqualification rests with the President of India and not with the High Court which has set aside the election of a successful candidate. [Context: Kerala High Court had set aside K.M. Shaji’s 2016 election to the Azheekode Assembly Constituency for corrupt practices under Sections 123(3) and 123(4) of the Representation of the People Act, and disqualified him from contesting elections for six years. ]
Case Info
Case Information
Case name and neutral citation:K.M. Shaji v. M. V. Nikesh Kumar & Ors., 2026 INSC 111
Coram:Hon’ble Ms. Justice B.V. NagarathnaHon’ble Mr. Justice Ujjal Bhuyan
Judgment date:29 January 2026 (New Delhi)
Appeals covered:
- Civil Appeal No. 11183 of 2018
- Civil Appeal No. 249 of 2019
- Civil Appeal No. 1230 of 2019
Statutes / Laws referred
- Representation of the People Act, 1951
- Section 8A (Disqualification on ground of corrupt practices)
- Section 98
- Section 99
- Section 100(1)(b)
- Section 100(1)(d)(ii)
- Section 123(2)(a)(ii)
- Section 123(3)
- Section 123(4)