REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 611 0F 2020
PRADEEP KUMAR SONTHALIA … APPELLANT(S)
VERSUS
DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. 2159 OF 2020
J U D G M E N T
S.A. Bobde, CJI
1. An interesting but important question of far-reaching
consequence arises for consideration in these appeals. It is this.
“Whether the vote cast by a Member of the Legislative Assembly in
an election to the Rajya Sabha, in the forenoon on the date of
election, would become invalid, consequent upon his disqualification,
arising out of a conviction and sentence imposed by a Criminal Court,
in the afternoon on the very same day?”
2. We have heard learned counsel for the parties.
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3. The brief facts sufficient for answering the issue arising for
consideration in these appeals are as follows: -
(i) By a notification dated 05.03.2018, the Election Commission of
India notified the biennial elections for two seats in the Council
of States from the State of Jharkhand;
(ii) Three candidates by name Pradeep Kumar Sonthalia, Samir
Uraon and Dhiraj Prasad Sahu, filed their nominations on
12.03.2018. It is stated that the first two candidates belonged
to the Bharitya Janata Party (BJP), and the third candidate
belonged to the Indian National Congress (INC);
(iii) On 23.03.2018, the election was held bet...