PASHUPATI NATH SUKUL & OTHERS. vs NEM CHANDRA JAIN & OTHERS.

The Supreme Court held that an elected member of the State Legislative Assembly, who has not yet taken the oath under Article 188, is still competent to propose a candidate for election to the Rajya Sabha. The Court clarified that the Secretary and Joint Secretary of the Legislative Assembly are considered 'officers of Government' under Section 21 of the Representation of the People Act, 1951, thus validating their appointment as Returning Officer and Assistant Returning Officer. The Court overturned the High Court's decision, affirming the appellant's election to the Rajya Sabha.