Supreme Court of India · 1965-02-12
BRUNDABAN NAYAK vs ELECTION COMMISSION OF INDIA AND ANOTHER.
- Citation / case number
- SC 1965/102
- Court
- Supreme Court of India
- Petitioner
- BRUNDABAN NAYAK
- Respondent
- ELECTION COMMISSION OF INDIA AND ANOTHER.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,DAYAL, RAGHUBAR,SIKRI, S.M.,RAMASWAMI, V.
Judgment text excerpt
The Supreme Court held that under Article 192(1) of the Constitution, a question regarding the disqualification of a member can be raised by any citizen, not just on the floor of the Assembly. The Court clarified that the Election Commission, not the Governor, is responsible for conducting the enquiry into such disqualifications. The ruling emphasized that the Governor's role is limited to making a decision based on the findings of the Election Commission, thereby affirming the authority of the Election Commission in these matters.