Supreme Court · 2004 INSC 621 · Decided 27 October 2004
DR. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 621 · [2004] SUPP. 5 S.C.R. 692
- Case number
- WRIT PETITION (CIVIL) No. 322/2004
- Decided
- 27 October 2004
- Bench
- R.C. LAHOTI, K.G. BALAKRISHNAN, G.P. MATHUR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 191(2), 32
Headnote
Constitution of India, 1950-Tenth Schedule paragraph 2(J)(a) and Article 191 (2): Bihar legislative Council Members (Disqualification on ground of Defection) Rules, 1994-Rules 6 and 7: Disqualification on the ground of defection-Member of legislative Council as candidate of one party-Subsequently, as candidate of another party/independent candidate-Petition under the Rules-Disqualification from the membership of House by Chairman of the Council as having voluntarily given up membership of previous party­ Copy of petition given to the member-Opportunity of personal hearing given but
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