2010 (6) TMI 894

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....uncil of States, Orissa is made as an Opp. Party to the Writ Petition. Learned Counsel is permitted to make necessary corrections in the cause title of the Writ Petition, in Court today. 2. Heard Mr. Pitambar Acharya, Learned Counsel for the Petitioner & Learned State Counsel. This application has been made by an elected Member of the Orissa Legislative Assembly from 130 - Sanakhemundi Constitu....

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.... of Section 62 of the Representation of People Act, 1951. He further draws our attention to the decision of the Apex Court in the case of Kuldip Nayar and Ors. v. Union of India (2006) 7 SCC 1, wherein it was held that the right to vote & elect representatives of the State in the Council of States is not a constitutional right & that there is nothing in the constitution provisions declaring the ri....

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....e vote system, the same is different from that of the process of election to the House of the People & the Legislative Assemblies for which the contention of the Learned Counsel for the State does not stand in good stead. 5. After hearing Learned Counsel for the parties, we are of the opinion that since the Petitioner is a Member of the Orissa Legislative Assembly, it would be proper to allow h....