Statutory forwarding of findings differs from directly imposing disqualification

The High Court directed that its finding be forwarded to the President. It also purported to disqualify the candidate itself. The judgment considered the statutory role of the President under Section 8A. Forwarding a finding allows the designated authority to act under the Act. Directly imposing the consequence is a separate exercise of power. The responsible authority must follow the prescribed legal process. The High Court’s power could not replace that statutory role. The distinction was central to the appellant’s grievance. K.M. Shaji v. M. V. Nikesh Kumar & Ors. | 2026 INSC 111