SITA SOREN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Criminal Appeal arises from a judgment and order dtd. 17/2/2014 of the High Court of Jharkhand in Writ Petition (Criminal) No 128 of 2013.

(2.) An election was held on 30/3/2012 for two members of the Rajya Sabha representing the State of Jharkhand. The appellant was a member of the Legislative Assembly belonging to the Jharkhand Mukti Morcha. The allegation against the appellant is that she accepted a bribe from an independent candidate for casting her vote in his favour. However, as borne out from the open balloting for the Rajya Sabha seat, she did not cast her vote in favour of the alleged bribe giver and instead cast her vote in favour of a candidate belonging to her own party. The round of election in question was rescinded and a fresh election was held at which the appellant voted in favour of the candidate belonging to her own party.

(3.) The appellant moved the High Court for quashing the charge-sheet and the criminal proceedings instituted against her. The appellant relied on the provisions of Article 194(2) of the Constitution. The High Court by the impugned judgement declined to quash the criminal proceedings on the ground that the appellant had not cast her vote in favour of the alleged bribe giver and thus, is not entitled to the protection under Article 194(2).