BADRUDDIN QURAISHY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner was a member of the State Legislative Assembly of the State of Chhattisgarh from Bhilai Constituency. He belongs to the National Congress Party. By a Notification dated 15-9-2003 issued under Section 18 of the Haj Committee Act, 2002 (hereinafter referred to as 'the Act'), the State Government nominated the petitioner as a member of the State Haj Committee. In the general election of 2003, the petitioner contested but was not elected as a member of the State Legislative Assembly of Chhattisgarh from Bhilai Constituency and as a consequence he ceased to be a Member of the State Legislative Assembly of the State Chhattisgarh. By an order dated 11-2-2004 of the State Government, the petitioner was removed as a member of the State Haj Committee. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution of India praying for quashing the said order dated 11-2-2004 of the State Government.

(2.) IN the return filed by the respondent, the State of Chhattisgarh has taken a stand that the petitioner was nominated under Section 18(1)(i) of the Act as a Member of the State Haj Committee by virtue of his being a Member of the State Legislative Assembly of the State of Chhattisgarh and since he ceased to be a Member of the State Legislative Assembly of the State of Chhattisgarh, he was removed as a member of the State Haj Committee.

(3.) DR. N.K. Shukla, Sr. Advocate appearing for the petitioner submitted that although the petitioner was nominated by the State Government as a member of the State Haj Committee under Section 18(1)(i) of the Act by virtue of his being a Member of the State Legislative Assembly, there is no provision in the Act for removal of a member of the State Haj Committee on his ceasing to be a Member of the State Legislative Assembly. In this context he referred to the provisions of Section 25 of the Act to show that there is nothing in the said provision providing for removal of a member of the State Haj Committee on his ceasing to be a Member of the State Legislative Assembly. Dr. Shukla pointed out that Section 4(i) of the Act provides for nomination of a Member of Parliament as a member of the Haj Committee of India and the proviso to the said Section 4(i) of the Act provides that a member of Parliament shall upon ceasing to be a member cease to be a member of Haj Committee of India. Dr. Shukla submitted that a similar proviso has not been made in Section 18 of the Act providing that a Member of the State Legislative Assembly who has been nominated to the State Haj Committee will cease to be a member of the State Haj Committee on his ceasing to be a Member of the State Legislative Assembly. He submitted that Section 20 of the Act provides that the term of the member of the State Haj Committee would be 3 years and hence the petitioner could not have been removed before the expiry of 3 years.