NDLI: Ram Chandra Prasad Singh Vs. Sharad Yadav

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Art.226 Tenth schedule
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India: Art.226 — Tenth schedule; Paragraph 6 – Respondent no.1 was elected as Member of Parliament (Rajya Sabha) on JD(U) ticket – Appellant, Member of Parliament (Rajya Sabha) and leader of JD(U) in Rajya Sabha filed a petition under Art.102(2) read with Paragraph 6 of the Tenth Schedule of the Constitution of India praying that respondent no.1 be disqualified under the Tenth Schedule and his seat be declared vacant in Rajya Sabha – Allegation was that respondent no.1 who was elected to Rajya Sabha on the ticket of JD(U), by his repeated conduct, public/press statements against JD(U) and its leadership and openly aligning with rival political party (RJD), voluntarily gave up his membership thus acquiring disqualification under the Tenth Schedule to the Constitution – The Chairman, Rajya Sabha after following the due procedure and after giving opportunity of hearing passed an order disqualifying the respondent as a member of the House in terms of paragraph 2(1)(a) of the Tenth Schedule of the Constitution – Aggrieved respondent filed writ petition before High Court – In the said writ petition, appellant filed application praying for seeking permission to place additional documents to demonstrate some purported post disqualification conduct of respondent which was denied by the respondent – High Court by impugned order dismissed application holding that the scope of writ petition is limited to examining the legality of the order passed by Chairperson disqualifying the respondent from being a member of the Rajya Sabha and any event subsequent to passing of the said order cannot be a consideration for High Court to test the legality of the said order – Impugned order challenged in the instant appeal – Held: In the instant case, the Chairman passed the order on 04.12.2017 on the application filed on 02.09.2017 by the appellant seeking disqualification of the respondent – The order passed by the Chairman was based on a petition dated 02.09.2017 as well as the material and evidence, which was brought on record before the Chairman – On 7.7.2019, appellant filed application for seeking permission to place additional documents – Additional evidence sought to be brought on record of the writ petition was not the basis for seeking disqualification of the respondent, thus, there was no error in the order of the High Court rejecting the application – The order of the High Court is upheld, however, subject to observations that where subsequent event or conduct of member is relevant with respect to state of affairs as pertaining to the time when member has incurred disqualification, that subsequent events can be taken into consideration by the High Court in exercise of its jurisdiction u/Art.226 – Thus, the observations made in paragraph 4 need not to be read as laying down a law that in any case subsequent event cannot be considered for testing the legality of the order impugned or for moulding the relief in a writ petition u/Art.226.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2020 INSC 322
Petitioner	Ram Chandra Prasad Singh
Respondent	Sharad Yadav
SCR	[2020] 4 S.C.R. 1061
Judgement Date	2020-03-19
Case Number	2004

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Ram Chandra Prasad Singh Vs. Sharad Yadav

Please Log-in to view this content

Ram Prasad Rai @ Ram Prasad Singh and Ors. Vs. State of Bihar and Ors.

Durga Prasad Vs. Naveen Chandra and Ors.

Chetkar Jha Vs. Viswanath Prasad Verma and Ors.

Ram Prasad Yadav & Ors. Vs. Chairman, Bombay Port Trust & Ors.

Beant Singh Vs. Union of India & Ors.

Natha Singh &. Ors. Vs. The Financial Commissioner, Taxation, Punjab &. Ors.

Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar

Kishori Lal Vs. Birdhi Lal & Ors.

State of U.p. Vs. Ram Chandra Trivedi

Ram Chandra Prasad Singh Vs. Sharad Yadav

Ram Chandra Prasad Singh Vs. Sharad Yadav

Please Log-in to view this content

Similar Documents

Ram Prasad Rai @ Ram Prasad Singh and Ors. Vs. State of Bihar and Ors.

Durga Prasad Vs. Naveen Chandra and Ors.

Chetkar Jha Vs. Viswanath Prasad Verma and Ors.

Ram Prasad Yadav & Ors. Vs. Chairman, Bombay Port Trust & Ors.

Beant Singh Vs. Union of India & Ors.

Natha Singh &. Ors. Vs. The Financial Commissioner, Taxation, Punjab &. Ors.

Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar

Kishori Lal Vs. Birdhi Lal & Ors.

State of U.p. Vs. Ram Chandra Trivedi

Ram Chandra Prasad Singh Vs. Sharad Yadav