In Brief
Saritha S. Nair challenged the dismissal of her election petition against Hibi Eden by the Kerala High Court. The petition was dismissed on grounds of incurable defects and the petitioner's disqualification from contesting elections. While the Supreme Court held that defects in verification and prayer clauses were curable and should have been remedied, it ultimately dismissed the petition because Nair was disqualified from contesting elections under the Representation of the People Act, 1951. The Court held that disqualification commences from the date of conviction, not suspension of sentence, and therefore an ineligible candidate cannot maintain an election petition.
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