B N BAJPAI Vs. RAMDAYAL UIKE

JUDGEMENT

(1.) THE petitioner, a practising advocate interalia alleging that he being interested in the Constitution of India and the happenings of social and political events in the State of Chhattisgarh is entitled to file this Pro-bone- Publico.

(2.) THE petitioner submits that the respondent No. 1, elected M.L.A. of the legislative constituency, Marwahi, district Bilaspur, had resigned between last week of December, 2000 and first week of January, 2001 from his office. The respondent No. 2 had accepted the resignation tendered by the respondent No.1 in servile manner without taking the attending circumstances, intent and object of the Constitution, while the respondent No. 2 was obliged to take into consideration the attending circumstances which persuaded the respondent No. 1 to tender his resignation, the intention behind tendering the resignation and the object behind Constitutional Provisions. It is further submitted that in the normal course of business, the respondent No.3, the Election Commission, after receipt of the information from the respondent No.2 about the vacancy of the seat earlier occupied by the respondent No. 1, declared by election. The petitioner submits that the Election Commission has declared the programme for by election. The petitioner submits that the respondent No.1 during the course .of his election compaign, before his election from Marwahi constituency, must not have made a promise to his electors that on one fine morning he would tender his resignation from the office of M.L.A. and as such it is legitimate to presume that he must have assured his electors that he would work for them. According to the petitioner, acceptance of the resignation of the respondent No. 1 would burden the public exchequer of additional expenses on by election.

(3.) ACCORDING to the petitioner, Speaker of the assembly has no authority to accept such resignation which is against the mandate of the electors and the provisions of the Constitution. According to the petitioner, tender of his resignation was immoral and acceptance was unconstitutional.