JAGDISHBHAI THAKORE Vs. CHANDRIKABEN CHUDASMA

JUDGEMENT

(1.) The present petition has been preferred for a writ of mandamus or any other appropriate writ, order or direction against the Speaker of State Legislative Assembly of State of Gujarat for the reason that the Speaker of the House has not allowed the presentation of the report given by Public Accounts Committee on the table of the House of Legislature.

(2.) An important question has been raised for the adjudication of this Court to the effect that : Whether the Speaker of the House of Legislature can be directed by this Court to allow presentation of report of the Public Accounts Committee on the table of the House, in pursuance of Gujarat Legislative Assembly Rules, enacted by the State under Article 208 of the Constitution of India, to be read with directions issued by the Speaker under Gujarat Legislative Assembly Rules, especially under Rule No.56 read with Rule No. 183?

(3.) Public Accounts Committee passed a resolution on 24th March,2006 to the effect that a draft of the report has been prepared and the same is sent to the Speaker of the House for his approval. Similar is a resolution dated 28th March,2006 to the effect that the draft report is ready and is yet to be finalized. On 19th June,2006, the Speaker of the House returned the draft report given by Public Accounts Committee and pointed out that the same is not in consonance with the Gujarat Legislative Assembly Rules enacted under Article 208 of the Constitution of India. It was suggested that Public Accounts Committee cannot consider the accounts upon which no report is given by Comptroller and Auditor General. The report of Public Accounts Committee cannot travel beyond Rule No.197 of Gujarat Legislative Assembly Rules, enacted under Article 208 of the Constitution of India. Nothing happened thereafter for considerably longer period after 19th June,2006. On 14th March, 2007, issue was raised in the proceedings of the Legislature of the State. Point of order was raised by the members of Legislative Assembly and ruling thereupon has been given by the Speaker to the effect that the report given by the Public Accounts Committee is dehors the report of the Comptroller and Auditor General of India. Ruling has been given by the Speaker of the House. Minutes of the proceedings dated 14th March,2007 have been presented before this Court along with an affidavit-in reply filed by Mr.D.M. Patel, Secretary, Gujarat State Legislative Assembly, Gandhinagar. After a period of approximately 4 months i.e. on 10th July,2007, this petition has been filed before this Court seeking a writ of mandamus or any other appropriate writ, order or direction upon Speaker. On 16th July,2007, the same unsigned draft report of the Public Accounts Committee was sent by the new Chairman (respondent No.2) to the Speaker of the House. The said draft unsigned and undated report was returned by the Speaker of the House to the Chairman of the Public Accounts Committee by pointing out that the suggestions made by the Speaker dated 19th June,2006 have not been carried out by the Public Accounts Committee. Thus, what was sent before one year, the same was the position even in the month of July,2007, so far as the nature of the report of the Public Accounts Committee is concerned. The notice was already issued on 6th July,2007 by this Court in this writ petition. Thus, sending of draft report on 16th July, 2007 was during the course of hearing of this petition. On 18th July, 2007 again report was sent. It is submitted by Learned Advocate General of the State that on this report also, the Speaker has made the same endorsement and it has been returned to Public Accounts Committee for complying with the provisions of Rule 197 of Gujarat Legislative Assembly Rules enacted for the proceedings in the House under Article 208 of the Constitution of India. The controversy appears regarding placing the report before the House, given by Public Accounts Committee which covers certain points, on which, no report of the Comptroller and Auditor General of India has been given, especially on "Sujlam-Suflam Yojna". "Sujlam-Suflam Yojna" is pertaining to broadly for :