JAGJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE petitions challenge the legality of orders passed by the Speaker of Haryana Legislative Assembly (for short, 'the Assembly') disqualifying petitioners from being members of the Assembly. The impugned orders have been passed in exercise of the powers conferred on the Speaker under the Tenth Schedule to the Constitution of India. Four petitioners (Writ Petition Nos.290, 291, 293-294 of 2004) were independent members of the Assembly. Petitioner - Jagjit Singh (W.P.No.287 of 2004) belonged to a political party named 'Democratic Dal of Haryana'. He was a lone member representing his party in the Assembly. Petitioner- Karan Singh Dalal (W.P.No.292 of 2004) was a lone member of a political party named 'Republican Party of India' in the Assembly.

(2.) THE petitioners were elected to the Assembly in election held in February, 2000. All impugned orders disqualifying the petitioners were passed on 25th June, 2004. THE voting for election to Rajya Sabha took place on 28th June, 2004. THE petitioners, however, could not vote in the said election, having ceased to be the members of the Assembly with immediate effect.

(3.) ONE of the contentions urged is that the Speaker, respondent No.2, has not filed any reply and, therefore, the averment made that he called the petitioner on 24th June, 2004 asking him that if he decides to abstain from voting, disqualification can be avoided shall be deemed to be admitted and, thus, the malafides of the Speaker are apparent. The contention is that the Speaker was acting on the dictates of respondent No.5, the Chief Minister of Haryana whose son was contesting the election to Rajya Sabha and the impugned order was passed at his behest.