Supreme Court of India · 2001-07-19
Shibu Soren ... Appellant vs Dayanand Sahay & Ors. ... Respondents
- Citation / case number
- AIR 2001 SUPREME COURT 2583
- Court
- Supreme Court of India
- Petitioner
- Shibu Soren ... Appellant
- Respondent
- Dayanand Sahay & Ors. ... Respondents
- Bench
- Chief Justice, R.C. Lahoti, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court held that the appellant's position as Chairman of the Interim Jharkhand Area Autonomous Council constituted an 'office of profit' under Article 102(1)(a) of the Constitution of India, leading to his disqualification from contesting the Rajya Sabha election. The Court affirmed the Patna High Court's decision that the honorarium received did not exempt the appellant from disqualification under the Representation of Peoples Act, 1951, specifically Sections 80 and 81. Consequently, the election of the appellant was set aside, and the respondent was declared duly elected.