BINDESHWAR SAH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. In this writ application, the petitioner has prayed for the following relief: -

(2.) LEARNED counsel for the petitioner has submitted that the election of respondent nos. 6 & 7 as a Member of Lok Sabha (House of People) and that of respondent nos. 8 & 9 as Member of Bihar Vidhan Sabha (Bihar Legislative Assembly) was bad simply on the ground that they were not the elector of their respective parliamentary/assembly constituency to which they were elected. He has in this regard placed reliance on the judgment of the Apex Court in the case of K. Venkatachalam Vs. A. Swamickan & Anr. reported in : AIR 1999 SC 1723, as also on the earlier judgments of the Apex Court in the case of S. Narayanaswami Vs G. Panneerselvam & Ors. reported in : AIR 1972 SC 2284, in the case of G. Narayanaswami Vs. G. Pannersel Vam & Ors. reported in : 1972(3) SCC 717, in the case of V.V. Giri Vs. D. Suri Dora & Ors. reported in : AIR 1959 SC 1318 and in the case of Era Sezhiyan Vs. T.R. Balu & Ors. reported in AIR 1988 Madras 50.

(3.) IN the considered opinion of this Court, when the petitioner has called in question the election of respondent nos. 6 & 7 primarily on the ground that the respondent no.6 was the resident of state of Karnataka and not an elector of Muzaffarpur Parliamentary Constituency and thus, his election as a candidate of the Janta Dal (U) Party in the Muzaffarpur Parliamentary Constituency or that the election of respondent no.7, a candidate of Lok Janshakti Party from Hajipur reserved constituency for Scheduled caste in the parliamentary general election held in the year 2004 to constitute 14th Loksabha to be bad on account of he was an elector of Khagaria parliamentary constituency the whole matter has to be viewed from the angle of requirement of law as laid down in the Constitution of India and 1951 Act. Since both the respondent nos. 6 & 7 were elected as Members of Lok Sabha, they had to essentially fulfill the requirement of Article 84 of the Constitution of India, which reads as follows: -