The Supreme Court has upheld the election of Karnataka legislator Ravikant S Patil who was disqualified by the state high court for conviction in a rape case at the time of his election to the assembly.
A three-judge bench comprising Chief Justice Y K Sabharwal, Justice C K Thakker and Justice R V Raveendran set aside the order passed by the high court in 2005, which disqualified the legislator on a petition filed by one S S Bagali under the Representation of People's Act.
Patil, who migrated to Karnataka, was convicted by a sessions court in Maharashtra in 1999 for rape. He challenged the disqualification on the ground that his conviction was stayed by the Bombay high court on March 26, 2004, and his nomination papers were filed for Karnataka assembly on March 31, four days after he obtained the relief.
Patil also argued he was acquitted of the charges by the Bombay high court on September 10, 2004. The issue before the Supreme Court was whether an elected representative, whose conviction was stayed by a higher court, could be disqualified from holding the post under the Act.


