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2019 Supreme(Pat) 152

A. P. SAHI, ANJANA MISHRA
Tejashwi Prasad Yadav, son of Shri. Lalu Prasad Yadav – Appellant
Versus
State of Bihar through the Chief Secretary, Bihar, Patna – Respondent


Advocates Appeared:
For the Appellants :Mr. Abhinav Srivastava, Advocate, Mr. Raushan, Advocate
For the Respondent:Mr. Lalit Kishore, Advocate General, Mr. Bishwa Bibhuti Kumar Singh, A.C. to AG., Mr. Kumar Ravish, Advocate, Mr. Kashyap Kaushal, Advocate

JUDGMENT :

Amreshwar Pratap Sahi, J.

This appeal against the judgment of a learned Single Judge dated 6th of October, 2018 raises a question more of propriety than of legality involving the retention of a bungalow by an elected representative of the people, presently occupying the status of the leader of opposition in the Bihar Legislative Assembly.

2. This Court is called upon to pronounce upon an issue which is more of a crisis of identity than of any ideology involving protection of rights. The issue appears to be more of accommodating diverse ambitions of occupancy of Bungalows in this great march of democracy. The contestants in this case have set up their competing claims which is founded more on convenience and expediency and in reality not for any laudable public purpose or for upholding majesty or rule of law. If one examines the issue on plain common sense then the issue is what is sauce for the goose is sauce for the gander. The facts of the case remind us of the Latin maxim enunciated by the Roman thinker, Tacitus, “Rebus cunctis inest quidam velut orbis”, which means in all things there is a kind of law of cycles. This legal maxim can be best illustrated by understanding
















































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