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october 2004

Supreme Court of India · 2004-10-27

Dr. Mahachandra Prasad Singh vs Chairman, Bihar Legislative Council & ...

Citation / case number
AIR 2005 SUPREME COURT 69
Court
Supreme Court of India
Petitioner
Dr. Mahachandra Prasad Singh
Respondent
Chairman, Bihar Legislative Council & ...
Author
G. P. Mathur
Bench
R.C. Lahoti, G. P. Mathur, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court ruled that the petitioner was disqualified from being a member of the Bihar Legislative Council under paragraph 2(1)(a) of the Tenth Schedule and Article 191(2) of the Constitution due to contesting the Lok Sabha elections as an independent candidate after being elected as a member of the Congress Party. The Court held that the Chairman's decision was valid despite the petitioner's claims of procedural violations and lack of natural justice, affirming the disqualification based on voluntary resignation from party membership. The petition was dismissed, upholding the order of disqualification.

Dr. Mahachandra Prasad Singh vs Chairman, Bihar Legislative Council & ... · Niyam