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Patna HC upholds disqualification of Member from Bihar Legislative Council [Read Judgment]

Ashok KM
30 April 2016 8:55 AM GMT
Patna HC upholds disqualification of Member from Bihar Legislative Council [Read Judgment]
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The Patna High Court has upheld disqualification of Narendra Singh from Bihar Legislative Council. Upholding the order passed by Chairman of the upper house of Bihar Legislature, Justice Kishore Kumar Mandal dismissed the writ petition filed by the former legislator of the state.

The court observed “The term objective satisfaction means presence of relevant material inspiring confidence. It may also be a case of perception but should not forget the perception mirrors the conduct of the person. In the present case it was the political conduct of a well-known political figure. Who can be the best Judge to appreciate the political conduct of the Member other than the Chairman of the House who conducts the proceedings of the House and take ancillary decision(s) thereto?”

The Court observed that enquiry made under the Tenth Schedule, cannot be equated with the proceedings of the election dispute or the suit. It is because any or every political action or conduct of the Member of the House is in the gauge of the people at large whom he claims to represent. The Chairman holds a revered constitutional post and is expected to take a decision on the existing state of affairs promptly as delay in such matter would defeat the very purpose of the constitutional provision, the Court said.

Read the Judgment here.

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