The Patna High Court dismissed an appeal challenging the acceptance of resignation of a Bihar Legislative Council member. The court held that physical presence is not mandatory if the Chairman is satisfied with the genuineness of the resignation, and dismissed the appeal as the vacancy had been filled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1170 of 2014 IN
Civil Writ Jurisdiction Case No. 9361 of 2014
=========================================================== Manoj Kumar Singh, Son of Sri Madan Singh, Resident of Mohalla Pratappur, Police Station Hussainganj, District Siwan, at present residing at Flat No. F103, Daroga Rai Path, M.L.C. Flat, Patna-800001 (Bihar).
.... .... Appellant
Versus
.... .... Respondents
=========================================================== Appearance :
For the Appellant : Mr. Sanjay Kumar Pandey, Advocate For Respondent Nos.1 to4: Mr. Sunil Kumar Singh,
Mr. Surendra Kumar Singh, Advocates
For Election Commission: Mr. J.P. Karn, Sr.Advocate
===========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-02-2015
This letters patent appeal is preferred against the order
dated 20.06.2014 passed by the learned Single Judge in CWJC No.9361 of 2014. The appellant filed the said writ petition and the learned Single Judge dismissed the same.
term is upto 23rd July, 2015. The Office of the Chairman of the Bihar Legislative Council issued an order dated 24.04.2014 to the effect that
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resignation of the petitioner from the membership of the Legislative Council is accepted with effect from 21.04.2014 by the Chairman in exercise of power conferred under Article 190(3) (b) of the Constitution of India. The said order was challenged in the writ petition.
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through order dated 20.06.2014. Hence this appeal.
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petitioner submitted his resignation from the membership of the Council, before he files nomination for Parliament on behalf of Janta Dal (U) party.
affidavit.
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against the acceptance of the resignation and it is only after the results of Lok Sabha Election were declared that the petitioner had chosen to approach this Court.
(L. Narasimha Reddy, CJ)
AFR
B.T/-
(Vikash Jain, J)
U
2 issues framed by the court
Whether the acceptance of resignation of a Legislative Council member is valid without the physical presence of the member before the Chairman.
Whether the Letters Patent Appeal should be entertained when the vacancy has been filled by bye-election.
1 provisions across 1 enactments
Manoj Kumar Singh
The Bihar Legislative Council
Election Commission
Chief Justice
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
