The main legal point established in the judgment is that the immunity provided to Members of Legislative Assembly under Article 194(2) of the Constitution of India does not extend to protection from prosecution for receiving bribes that have no nexus with the voting.

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 its candidate elected. In such situation, some of the independent candidates, such as, Raj Kumar Agarwal, Ansuman Mishra and Pawan Kumar Dhoot, jumped in the fray. Jharkhand Mukti Morcha (JMM) had fielded its candidate Sanjeev Kumar. Nevertheless, 10 Members of the Legislative Assembly of Jharkhand Mukti Morcha including the petitioner, did propose to nominate R.K.Agarwal, an independent candidate.

Meanwhile, two Members of the Parliament, namely, Babu Lal Marandi and Dr. Ajay Kumar, lodged a complaint on 27/03/2012, before the Chief Election Commissioner of India, alleging therein that there is every possibility of the process of election being influenced by the money power as some of the Members have indulged themselves in Horse Trading. On getting this complaint, the Election Commission of India, on 27/03/2012, alarmed all the departments including the Income Tax Department to check the menace of Horse Trading and use of money power. The Chief Commissioner of Income Tax, Ranchi, in the late night of 29/03/2012, received information to the effect that huge money is being taken from Jamshedpur to Ranchi for distribution amongst some of the Members, who will be participating in the election. On receiving such information, Income Tax authority, with the help of the local police, put a picket on Jamshedpur-Ranchi Highway. During that course, an Innova car was intercepted from which unaccounted cash of Rs. 2.15 crores were recovered. One Sudhanshu Tripathy, the custodian of the cash, explained that the cash of Rs. 2.15 crores had been handed over to him by Sumitra Sah, son-in-law of R.K.Agarwal to be handed over to Arun Kumar Khandelwal, an employee of M/s Jay Shree Motors, Ranchi, belonging to R.K.Agarwal. Upon seizure of cash, the then Dy. Director, Income Tax, Ranchi, lodged a written complaint to Officer-Incharge of Namkum Police Station, Ranchi, which was registered as Namkum P.S. Case No. 58 of 2012 on 30/03/2012, under Section 171(F) and 188 of the Indian Penal Code. Thereupon, this Court, in a Public Interest Litigation (PIL) when did find it a grave case of involvement of money power, Horse Trading to influence the process of the election of the Council of the States, directed the CBI to take up the Investigation relating to the criminality of the persons involved. In compliance with the order, Principal Secretary to the Election Commission of India, requested the Secretary to the Government of India, Ministry of Personnel, Public Grievance & Pension, New Delhi, for entrusting the matters relating to the Election of Rajya Sabha to CBI for thorough investigation for bringing the culprits to book so that pristine purity of the House of Elders is not tarnished. In that event, upon issuance of necessary notification, the CBI took up the investigat