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july 2001

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.

SHIBU SOREN vs DAYANAND SAHAY . · Niyam