Apex court restores Bihar MP’s Lok Sabha membership (Lead)
February 1st, 2012 - 8:16 pm ICT by IANSNew Delhi, Feb 1 (IANS) The Supreme Court Wednesday set aside a Patna High Court order quashing the election of Janata Dal-United (JD-U) Lok Sabha member Mangani Lal Mandal from Bihar’s Jhanjharpur constituency for not disclosing his first wife’s assets.
The apex court bench of Justice R.M. Lodha and Justice S.J. Mukhopadhaya also imposed a cost of Rs.100,000 on petitioner Bishnu Deo Bhandari.
Bhandari initiated the election petition contending that Mandal had not disclosed the assets of his first wife and her children while filing his nomination.
Justice Lodha observed that the high court did not explain how the non-disclosure materially affected Mandal’s election.
Mandal was elected to the Lok Sabha as JD-U candidate in 2009. Bhandari had filed a caveat in the apex court so that he was heard when Mandal’s appeal challenging the high court order was taken up for hearing.
Justice Lodha observed that the high court order was so long but it did not deal with the question how the non-disclosure of the first wife’s assets materially affected Mandal’s election.
The apex court Dec 13, 2011 stayed the high court order directing that Mandal would be entitled to attend the Lok Sabha sittings and sign its register, but shall not perform any of the other functions, nor shall he be entitled to any remuneration, in the meantime.
The high court Nov 25, 2011 had set aside his election for failing to furnish information about his first wife and property owned by her in the affidavit submitted with the nomination papers.
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Tags: affidavit, apex, apex court, bhandari, bihar, caveat, constituency, court bench, election petition, first wife, janata, lal, lodha, lok sabha member, mandal, nomination papers, patna high court, petitioner, remuneration, sittings