Prakash Khandre vs Dr. Vijaya Kumar Khandre And Others on 9 May, 2002
The aforesaid case was considered by the Apex Court in a subsequent case reported in P.K. Khandre v. Dr. Vijay Kumar Khandre 2000 SCC 5 p 568 in which It was held by the Apex Court that in case of multi cornered contest, even if elected candidate is subsequently found to be disqualified, the candidate who secured more votes than the remaining candidate can not be declared as elected. The reasoning adopted in the said decision by the Apex Court is that it cannot be presumed that the votes secured by the disqualified candidates would have been wasted or would have been secured by the next candidate who has secured more votes. It was further reasoned in the said decision that if disqualified candidate was not permitted to contest the election then how the voters would have voted In favour of the candidate who has secured more votes than the other remaining candidates would be a question the realm of speculation and unpredictability. In such a situation, the Apex Court held that declaring the section of the returned candidate on the ground of his initial disqualification to contest the election by itself would not entitle the election petitioner or any other candidate to be declared elected. In the present case, regard being had to the fact situation of the present case, in which contest was multi-cornered, the aforesaid decision cited across the bar fully applicable and can be taken aid of for being applied to the fact situation of the present case.