The High Court cannot exercise a power assigned to the President

The High Court declared the election void for corrupt practices. It separately disqualified the candidate for six years. The appellant argued that this disqualification power lay with the President under Section 8A. The judgment considered Sections 98 and 99 alongside Section 8A. The High Court could not itself exercise the President’s assigned power. The relevant finding may be forwarded for appropriate action. A statutory function cannot be assumed without legal authority. The impugned disqualification direction was challenged on this basis. K.M. Shaji v. M. V. Nikesh Kumar & Ors. | 2026 INSC 111