January 24, 2002
‘7’
NOTIFICATION ISSUED TO DISQUALIFY A RAJYA SABHA MEMBER
The Legislative Department in the Ministry of Law, Justice and Company Affairs has issued a notification disqualifying Shri Shibu Soren as Member of Rajya Sabha (Council of States) from the State of Bihar. This follows the advice of the Attorney General and the request of the Rajya Sabha Secretariat in pursuance of the judgement of the Supreme Court of India in Civil Appeal No. 3638 of 2000-Shibu Soren Vs. Dayanand Sahay and Others on July 19, 2001 setting aside the election of Shri Shibu Soren as Member of the Council of States. The notification was issued on December 27, 2001.
The Legislative Department, in consultation with the Election Commission of India, had decided that it was not necessary to issue any notification in this case since, in Elections Commission’s opinion, the order of the Supreme Court in this case took effect from the date it was made. Also, the Election Commission publishes the judgement of the Supreme Court in the Gazette of India and in the official gazette of the concerned State. The comments of the Commission were conveyed to the Rajya Sabha Secretariat whereupon it obtained the opinion of the learned Attorney General of India in the matter.