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K. VINOD CHANDRAN, PARTHA SARTHY
Ram Bali Singh – Appellant
Versus
Bihar Legislative Council, Patna – Respondent
K. Vinod Chandran, CJ. – The writ petition challenges the disqualification of a Member of the Bihar Legislative Council. It has come up before the Division Bench based on a judgment of the Hon’ble Supreme Court in Election Commission of India vs. Bajrang Bahadur Singh; (2015) 12 SCC 570. Noticing that there is no limitation prescribed for filing a writ petition against disqualification, the Hon’ble Supreme Court had prescribed eight weeks as the limitation period, till a period is prescribed by the Legislature, for the purpose of filing a writ petition and a further eight weeks within which the High Court was also obliged to consider and dispose of the writ petition. The said period was prescribed since, after the disqualification order has been passed, the Election Commission was obliged to carry out a fresh election within a period of six months.
2. In the present case, the disqualification was on 06.02.2024 and the writ petition was filed on 22.02.2024. The eight weeks time had expired on 22.04.2024. The writ petition ought to have been placed before a Division Bench which the Registry failed to do. We also notice that the learned Counsel for the petitioner did not apprise the le
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Point of law: Election - Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Judicial review is permissible in disqualification matters, and the Speaker must decide petitions within a reasonable timeframe to uphold democratic principles.
In disqualification proceedings under the Tenth Schedule, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, contrary to the Speaker's ruling.
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
Comparative Citation: 2011 (1) KCCR 476
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