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october 2004

Supreme Court of India · 2004-10-27

MAHACHANDRA PRASAD SINGH vs HON.CHAIRMAN,BIHAR LEGISLAT.COUNCIL&ORS.

Citation / case number
SC 2004/14715
Court
Supreme Court of India
Petitioner
MAHACHANDRA PRASAD SINGH
Respondent
HON.CHAIRMAN,BIHAR LEGISLAT.COUNCIL&ORS.
Author
R.C. LAHOTI,G. P. MATHUR,P.K. BALASUBRAMANYAN
Bench
CJI R.C. LAHOTI,G. P. MATHUR,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court examined the disqualification of a member of the Bihar Legislative Council under paragraph 2(1)(a) of the Tenth Schedule and Article 191(2) of the Constitution. The Court held that the Chairman's order disqualifying the petitioner for contesting the Lok Sabha elections as an independent candidate was valid, as it constituted a voluntary resignation from the political party. The Court also addressed procedural issues, affirming that the principles of natural justice were not violated in this case, and upheld the disqualification order.

MAHACHANDRA PRASAD SINGH vs HON.CHAIRMAN,BIHAR LEGISLAT.COUNCIL&ORS. · Niyam