Supreme Court of India · 2001-07-19
SHIBU SOREN vs DAYANAND SAHAY .
- Citation / case number
- SC 2000/8551
- Court
- Supreme Court of India
- Petitioner
- SHIBU SOREN
- Respondent
- DAYANAND SAHAY .
- Author
- ,R.C. LAHOTI,SHIVARAJ V. PATIL
- Bench
- CJI,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, disqualifying him from contesting the Rajya Sabha elections. The Court affirmed the Patna High Court's ruling that the honorarium received did not exempt the appellant from disqualification under the Parliament (Prevention of Disqualification) Act, 1959. Consequently, the election of the appellant was set aside, and the respondent was declared duly elected.