BRUNDABAN NAYAK versus ELECTION COMMISSION OF INDIA AND ANOTHER

BRUNDABAN NAYAK versus ELECTION COMMISSION OF INDIA AND ANOTHER

A question as to a legislator's disqualification under Article 191(1) can be raised by any citizen and need not emanate from the floor of the House or be referred by the Speaker. The Governor, when confronted with such a question, is constitutionally bound to forward the matter to the Election Commission, whose opinion is determinative, and the enquiry is to be held by the Election Commission, not by the Governor.

Parties
Appellant: Brundaban Nayak; Respondent No. 1: Election Commission of India; Respondent No. 2: P. Biswal
Jurisdiction
India
Judgment Date
12 February 1965
Procedural Posture
Civil Appeal / Appeal From High Court Order (dismissal of Writ) by Special Leave, Final Disposal in Supreme Court
Outcome
Appeal dismissed with costs
Legal Topics
Disqualification of Legislators, Interpretation of Constitution Articles 191, 192, Powers of Election Commission
Constitutional Law Election Law Disqualification of Legislators Interpretation of Constitution Articles 191, 192 Powers of Election Commission

Case Brief

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Parties

Brundaban Nayak

Appellant

Election Commission of India

Respondent No. 1

P. Biswal

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Order (dismissal of Writ) by Special Leave, Final Disposal in Supreme Court

Legal Issues

  1. 1 Whether a question as to disqualification of a sitting member under Article 192(1) must be raised only on the floor of the Assembly and referred by the Speaker to the Governor, or can be raised by any citizen;
  2. 2 Whether the enquiry under Article 192(2) is to be held by the Governor or the Election Commission.

Ratio Decidendi

A question as to a legislator's disqualification under Article 191(1) can be raised by any citizen and need not emanate from the floor of the House or be referred by the Speaker. The Governor, when confronted with such a question, is constitutionally bound to forward the matter to the Election Commission, whose opinion is determinative, and the enquiry is to be held by the Election Commission, not by the Governor.

Court Disposition

Appeal dismissed with costs

Orders

  • Election Commission to proceed with enquiry and communicate its opinion to the Governor as expeditiously as possible.