Supreme Court of India

Shibu Soren v. Dayanand Sahay and Ors.

Neutral citation

Reported as [2001] 3 S.C.R. 1020

Bench Dr. A.S. Anand, R.C. Lahoti and Shivaraj V. Patil JJ.

Decided 19 July 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the appellant was holding his office under the State Government.

Judgment, page 31

From the headnote

Election Laws: Parliament (Prevention of Disqualification) Act, 1959-Disqualification I of member of Parliament-Exemption from disqualification by Parliament eld, the office of the Interim Jharkhand Area Autonomous Council set up under the relevant Act is not included under the Schedule to the I959 Ac/ Chairman of Interim Council does not enjoy the status of a Minister- Disqualification not removed by Parliament-Hence, the appellant is disqualified ji-om being member of Rajya Sabha-Constitution of India Article 102(J)(a). Constitution of India-Article 102(1}(a}-Disqualification of member

Authorities it was built on

1992 Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Dev and Anr. cited by 12
1976 Madhuker G. E. Pankakar v. Jaswant Chobbildas Rajani & Ors. cited by 11
1983 Biharilal Dobray v. Roshan Lal Dobray cited by 7
1974 Karbhari Bhimaji Rohamare v. Shanker Rao Genuji Kolhe & Ors. cited by 5
1975 Surya Kant Roy v. Imamul Hai Khan cited by 3

Where later benches applied it

2018 State Election Commissioner, Bihar Patna & Others v. Janakdhari Prasad and Others referred to
2012 Purno Agitok Sangma v. Pranab Mukherjee referred to
2010 Anokh Singh v. Punjab State Election Commission referred to

Of those, 3 referred to

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