Supreme Court of India

Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council and Ors.

Neutral citation

Reported as [2004] SUPP. 5 S.C.R. 692

Decided 27 October 2004

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the provisions of Rules 6 and 7 are directory in nature and on account of non-filing of an affidavit as required by sub-rule (4) of Order VI Rule 15 CPC, the petition would not be rendered invalid nor the assumption of jurisdiction by the Chairman on its basis would be adversely effected or rendered bad in any manner.

Judgment, page 19

From the headnote

Constitution of India, 1950-Tenth Schedule paragraph 2(J)(a) and Article 191 (2): Bihar legislative Council Members (Disqualification on ground of Defection) Rules, 1994-Rules 6 and 7: Disqualification on the ground of defection-Member of legislative Council as candidate of one party-Subsequently, contesting parliamentary election as candidate of another party/independent candidate-Petition under the Rules-Disqualification from the membership of House by Chairman of the Council as having voluntarily given up membership of previous party Copy of petition given to the member-Opportunity of

Authorities it was built on

1991 Kihoto Hollohan v. Zachillhu and Others cited by 59

Where later benches applied it

2013 Speaker, Orissa Legislative Assembly v. Utkal Keshari Parida relied on
2024 Gaurav Kumar v. Union of India and Ors. referred to
2024 Union of India & Ors. v. Santosh Kumar Tiwari referred to
2022 Kerala State Electricity Board & Ors. v. Thomas Joseph Alias Thomas M. J. & Ors. referred to
2017 Power Machines India Limited v. State of Madhya Pradesh & Ors. referred to
2012 D. Sudhakar & Ors. v. D.N. Jeevaraju & Ors. referred to
2011 Balchandra L. Jarkiholi & Ors. v. B.S. Yeddyurappa & Ors. distinguished

Of those, 1 relied on · 1 distinguished · 5 referred to

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