#SupremeCourt bench led by CJI SA Bobde hears plea filed against Jharkhand Rajya Sabha hopeful Pradeep Kumar Sonthalia @PradeepSonthali against election of sitting RS member Dhiraj Prasad Sahu.
Petition in Supreme Court says Sahu "illegally occupying chair"
Petition in Supreme Court says Sahu "illegally occupying chair"
Petition seeks orders to Election Commission to submit voting numbers before SC. Claims that Sonthalia had recieved more votes, voter had been disqualified from assembly.
Senior Advocate Mukul Rohatgi appears for Sonthalia.
Rohatgi: I succeeded in the HC. But I have already lost one year due to a frivolous ground. Kindly keep it on the second week of reopening.
CJI: we will keep it for third week.
CJI: we will keep it for third week.
Senior Adv Dr Abhishekh Manu Singhvi cites Article 190 of the Constitution, Section 8(3) of the Representation of Peoples Act. Here vote was complete by 9 am, he was charged at 12 pm and convicted by 2 pm. How can there be retrospective effect to criminal penal action
Rohatgi: even if conviction happened at 2 pm then counting was over at 8 pm. In either way he was out.
CJI: Videoconferencing has given us a great advantage that we can mute any counsel disturbing us. If we don't give you link then it's violation of principles of natural justice but muting will not violate the principle.
Senior Adv KV Vishwanathan: principle of exclusion has no place here and will only when there is termination of date or commencement of date. Disqualification is related to beginning of the day. Thereupon means on the day it begins..
CJI: principle of ancient law is day break and day end principle
Vishwanathan: according to me it should go back to the date of the crime.
Vishwanathan: according to me it should go back to the date of the crime.
Rohatgi: there is a constitutional bench judgment
Singhvi: There are larger questions of law involved.
Singhvi: There are larger questions of law involved.
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