Supreme Court of India
Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the vote cast by Shri Amit Kumar Mahto at 9:15 a.m. on 23.03.2018 was rightly treated as a valid vote.
Judgment, page 29
From the headnote
Constitution of India – Arts.191, 193, 190, 188 and 80(4) – Biennial elections for two seats in the Council of St ates from the State of Jharkhand – Appellant and two others filed nominat ions – An elected member of the Assembly admittedly cast his vote at 9.15 a.m on 23.03.18 in favour of one of the winning can didate – He was convicted and sentenced in a criminal case in the afternoon of the same day – Suffered disqualification u/Art.191(1)(e) r/w s.8(3), 1951 Act – Appellant secured 2599 value of votes, a nd the other two candidates secured 2601 value of votes and 2600 value of votes –
Authorities it was built on
- 2001 B.R. Kapur v. State of Tamil Nadu and Anr.
- 1981 Gokaraju Rangaraju Etc. v. State of Andhra Pradesh
- 1982 Jyoti Basu & Others. v. Debi Ghosal & Others.
- 1987 Pushpadevi M. Jatia v. M.L. Wadhavan, Addl. Secretary Government of India & Ors.
- 2005 K. Prabhakaran v. P. Jayarajan
- 1983 Pashupati Nath Sukul & Others. v. Nem Chandra Jain & Others.
- 1996 M/s. National Insurance Co. Ltd. v. Smt. Jikubhai Nathuji Dabhi and Ors.
- 2000 Tarun Prasad Chatterjee v. Dinanath Sharma
- 1990 New India Assurance Co. Ltd. v. Ram Dayal and Ors.
- 1986 Prabhu Dayal Sesma v. State of Rajasthan & Anr.
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