ANANT KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner, Mr. D.K. Sinha, learned Senior Counsel appearing on behalf of Respondent No. 5 and Mr. Syed Arshad Alam, learned Standing Counsel-3 for the State.

(2.) The petitioner being an elected member of the Bihar Legislative Assembly (hereinafter referred to as the 'Assembly') seeks a direction from this Court under the extraordinary jurisdiction enshrined under Art. 226 of the Constitution of India for producing him before the Speaker of the Assembly so as to enable him to subscribe to the oath of office as a Member of Assembly.

(3.) The facts which give rise to the present writ application is that the petitioner having been in custody contested the General Election held in the month of Nov., 2015 and was declared elected as a Member of the Assembly from 178, Mokama Assembly Constituency. At the time of the election, the petitioner was behind the bars and as such on the date which was fixed for taking of oath, the petitioner could not subscribe to the oath of office. Accordingly, faced with the situation as to how, he would appear before the Speaker of the Assembly, the petitioner has now approached this Court for a direction from this Court for permitting him to appear before the Speaker of the House for subscribing to the oath of office.