JUDGMENT

G.P. Mathur, J.-This petition, under Article 32 of the Constitution, has been filed for quashing the order dated 26th June, 2004 of Chairman of Bihar Legislative Council holding that the petitioner is disqualified for being a member of the House under paragraph 2(1)(a) of the Tenth Schedule read with Article 191(2) of the Constitution and consequently the seat held by him in the Bihar Legislative Council had fallen vacant from the said date.

2. The petitioner was elected as a member of the Bihar Legislative Council (MLC) from Tirhut Graduate Constituency as a candidate of Indian National Congress. The notification for holding elections to Fourteenth Lok Sabha was issued in March, 2001. The petitioner contested the said election from Maharajganj Parliamentary Constituency as an independent candidate. Shri Salman Rageev, a member of Bihar Legislative Council, sent a petition to the Chairman of the Legislative Council on 10th June, 2004 stating, inter alia, that the petitioner, who was a member of the Congress Party, had contested the parliamentary election from Maharajganj Constituency as an independent candidate and consequently in view of the provisions of the Tenth Schedule