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2014 Supreme(Jhk) 255

R.R.PRASAD
Sita Soren – Appellant
Versus
Union of India through CBI – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jitender Singh, Senior Advocate, M/s. Indrajeet Sinha, K. Sarkhel.
For the CBI: Md. Mokhtar Khan, ASGI.

ORDER

1. The question, which does arise as to whether Article 194 (2) of the Constitution of India confers any immunity on the Members of Legislative Assembly for being prosecuted in a criminal Court of an offence involving offer or acceptance of bribe.

2. Before adverting to the submissions, advanced on behalf of the parties, the case of the prosecution needs to be taken notice of.

3. The Election Commission of India, vide its Notification No. 318/1/2012 dated 12th March, 2012, did notify to fill up two vacant seats of Rajya Sabha from Jharkhand by 31st March, 2012. 19th March, 2012, was fixed as a last date for filing nomination. 20th March, 2012, was fixed for scrutiny of nomination papers. 22nd March, 2012, was fixed for withdrawal of nomination and 30th March, 2012, was fixed for poll. Six candidates, namely, Praveen Kumar Singh, Pradeep Kumar Balmuchu, Sanjeev Kumar, Ansuman Mishra, Pawan Kumar Dhoot and Raj Kumar Agarwal, having allegiance to different political parties including the independent candidates, filed their nominations. According to the case of the CBI, none of the major political parties, which fielded its candidate in the election, had decisive majo1rity to get



























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