Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
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 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India – Arts.191, 193, 190, 188 and 80(4) – Biennial elections for two seats in the Council of States from the State of Jharkhand – Appellant and two others filed nominations – An elected member of the Assembly admittedly cast his vote at 9.15 a.m on 23.03.18 in favour of one of the winning candidate – He was convicted and sentenced in a criminal case in the afternoon of the same day – Suffered disqualification u/Art.191(1)(e) r/w s.8(3), 1951 Act – Appellant secured 2599 value of votes, and the other two candidates secured 2601 value of votes and 2600 value of votes – Objection lodged requesting the Returning Officer to declare the vote cast by the aforesaid convicted elected member to be invalid – Rejected – Appellant was declared defeated and the other two candidates were declared duly elected – Appellant filed election petition praying for a declaration that the Returning Officer has caused improper reception of the void vote – Dismissed by High Court – On appeal, held: To hold that a Member of the Legislative Assembly stood disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proved guilty – Thus, vote cast by such member at 9:15 a.m on 23.03.18 was rightly treated as a valid vote – Representation of the People Act, 1951– ss.8 and 152 – Conduct of Election Rules, 1961 – r.2(d) – Principle of legality – De facto doctrine – Insurance. Representation of the People Act, 1951 – s.8 – Interpretation of. Words & Expressions – “the date” in s.8(3), 1951 Act – Held: Interpretation to be given to the expression “the date” appearing in s.8(3) will have a bearing upon the interpretation to be given to the date of happening of any one of the events of disqualification u/Art.191(1) – Representation of the People Act, 1951 – s.8(3) – Constitution of India – Art.191. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2020 INSC 710 |
Petitioner | Pradeep Kumar Sonthalia |
Respondent | Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr. |
SCR | [2020] 14 S.C.R. 480 |
Judgement Date | 2020-12-18 |
Case Number | 611 |
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