PERUMAL M C Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether a Member of the Legislative Council designated as "Government Chief Whip" in the Legislative Council by the Chief Minister is entitled to continue as such even after the proclamation issued by the President under Art. 356 of the Constitution and the assumption of functions of the Government of the State by the President and consequent dissolution of the Legislative Assembly and the termination of the office of the Chief Minister and his Council of Minisers, and is entitled to draw the salaries and other allowances and to get all amenities provided for the "Government Cheif Whip" in the Legislative Council, is the question that arises for consideration in this petition.

(2.) The facts of the case are these : The petitioner is a Member of the Karnataka Legislative Council. He was designated as the "Government Chief Whip" of the Legislative Council with effect from 31-12-1976 by the Chief Minister. The definition of "Government Chief Whip" is given in S.2(bb)of the Karnataka Legislature Salaries (Third Amendment) Act, 1976 (hereinafter called 'the Act'), which reads as follows: "2(bb) 'Government Chief Whip' means a member of the Legislative Assembly or the Legislative Council designated by the Chief Minister as the Government Chief Whip in the Legislative Assembly or the Legislative Council". Sec.10Jof the Act provides that each "Government Chief Whip" is entitled to a salary of Rs. 1,000 per mensem. S.10-K of the Act provides that the Government Chief Whip shall each be entitled without payment of rent to the use of a furnished residence in the City of Bangalore throughout his term of office or in lieu of such furnished residence to a house rent allowance at the rate of three hundred and fifty rupees per mensem. Sec.10-L of the Act provides that a suitable motor-car may be provided for the use of each Government Chief Whip, and they will also be entitled to a conveyance allowance at the rate of five hundred rupees per mensem. S.10M of the Act provides that the State Government shall provide one stenographer and one peon to each Government Chief Whip. S.10-N of the Act provides for the payment of cost of petrol in respect of the motor-car and also certain other maintenance charges relating to residential house. Consequent on the recognition of the petitioner as "Government Chief Whip" in the Legislative Council, the petitioner was getting the salary and allowances and was also getting amenities as provided in the aforesaid provisions.

(3.) The President of India issued a proclamation dated 31-12-1977 in exercise of the powers conferred on him under Art. 356 of the Constitution and assumed himself all functions of the Government of the State of Karnataka and also all powers vested in or exercisable by the Governor of the Stale. In the said Notification, inter alia, the Legislative Assembly was dissolved, and Arts. 163 and 164 of the Constitution which provide for the Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions was suspended. In other words the elected Government functioning in the State with the Chief Minister and the Council of Ministers, came to an end.