DAYA NAND SAHAY Vs. SHIBU SOREN

JUDGEMENT

(1.) This is an application under Sections 80 and 81 of the Representation of People Act, 1951 calling in question the election of respondent No. 1 Sri Shibu Soren to the Council of States. The petitioner has further sought declaration that he be declared to be duly elected to the Council of States in the election held in 1998.

(2.) The President of India under Section 12 of the Representation of People Act, 1951 called upon the elected members of the Bihar Legislative Assembly to elect seven members to the Council of States in biennial election held in 1998. The Secretary of the Legislative Assembly Bihar was appointed as the Returning Officer. The petitioner and the respondents Nos. 1 to 7 filed their nominations on the date fixed for this purpose. On scrutiny the Returning Officer found that all the nominations were in order and accepted them as valid. The petitioner and respondents Nos. 1 to 7 contested the election to seven seats from the State of Bihar to the Council of States. Poll was held on 18-6-1998 and on that very day counting of votes was completed. The Returning Officer declared respondents Nos. 1 to 7 duly elected to the Council of the States. The petitioner lost the election.

(3.) The petitioner seeks declaration that the election of respondent No. 1 was void and illegal since he was subject to disqualification as prescribed under Article 102(a) of the Constitution of India as he held an office of profit under the State of Bihar being nominated Chairman of the Interim Council of Jharkhand Area Autonomous Council constituted by the State Government under Section 23(1) (2), (3) of the Jharkhand Area Autonomous Council Act, 1994.