DR. MAHACHANDRA PRASAD SINGH versus CHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS.

Citation: [2004] SUPP. 5 S.C.R. 692 · Decided: 27-10-2004 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
DR. MAHACHANDRA PRASAD SINGH 
v. 
CHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS. 
OCTOBER 27, 2004 
[R.C. LAHOTI, CJ., G.P. MATHUR AND ?.K. BALASUBRAMANYAN, JJ.] 
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 
D 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 personal hearing 
given but not availed by the member-Writ Petition-Plea of non-compliance 
of Rules and violation of principle of natural justice-Held: Member incurred 
E disqualification under paragraph 2(/)(a) as he voluntarily gave up 
membership of his previous party-The Rules being directory in nature and 
being in the domain of procedure are intended to facilitate holding of 
inquiry and not to frustrate or obstruct the same by introduction of 
technicalities-Rules, being subordinate legislation and delegated legislation 
cannot have the effect of curtailing the content and scope of substantive 
F provision i.e. Tenth Schedule-Hence petition cannot be rendered invalid 
affecting jurisdiction of Chairman on the ground of non-compliance of Rules-
In the facts of the case principle of natural justice not violated-Administrative 
law-Delegated legislation. 
G 
Petitioner was elected as Member of Legislative Council (MLC) as a 
candidate of Congress party. Thereafter he contested parliamentary election 
as independent candidate. Secretary of the Legislative Council sent a letter 
to the petitioner that he had received information that he being a member of 
Congress party in the Council had contested parliamentary election as 
independent candidate and sought clarification from him. Thereafter a petition 
fl 
692 
-
-
M.P. SINGH v. CHAIRMAN, BIHAR LEGISLATIVE COUNCIL 
693 
was given to the Chairman by a member of Legislative Council to the effect A 
that in view of the above given facts petitioner had become disqualified for 
being a member of the House. The Secretary asked the petitioner to give reply 
to the petition. Copy of the petition was enclosed therewith. The Secretary 
twice afforded him opportunity for personal hearing, but the petitioner did 
not avail it. Chairman of the Council, thereafter passed the impugned B 
judgment holding that the petitioner having contested parliamentary election 
as independent candidate being a member of the Legislative Council as a 
candidate of Congress party, had voluntarily given up his membership of the 
Congress party and therefore he was disqualified for being a member of the 
House in view of paragraph 2(1 )(a) of the Tenth Schedule r/w Article 191 (2) 
of the Constitution of India and the seat held by him in the House became C 
vacant 
Petitioner filed Writ Petition under Article 32 of the Constitution. He 
contended that in absence of compliance of Rules 6 and 7 of Bihar Legislative 
Council Members (Disqualification on Ground of Defection) Rules, 1994, the 
assumption of jurisdiction by the Chairman in initiating the proceedings was D 
illegal; that there was violation of principles of natural justice as the material 
relied upon by the Chairman was not disclosed to the petitioner nor a proper 
opportunity of personal hearing was afforded to him; and that petitioner had 
not voluntarily given up membership of political party by contesting the 
parliamentary election as an independent candidate and, therefore, he had not E 
incurred any disqualification within the meaning of Paragraph 2(l)(a) of the 
Tenth Schedule. 
The other Writ Petitioner, a member of Legislative Council elected as 
a candidate of Congress Party had contested Parliamentary election as a 
candidate ofSamajwadi Party. Petition for disqualification was filed and after F 
giving him copy of petition and opportunity for personal hearing, Chairman 
of the Legislative Council held him disqualified for being member of the House 
under Paragraph 2(l)(a) of the Tenth Schedule r/w Article 191(2) of the 
Constitution. 
Dismissing the Writ Petitions, the Court 
HELD: I.I. The petitioner has incurred the disqualification under 
Paragraph 2(l)(a) of

Excerpt shown. Read the full judgment & AI analysis in Lexace.