UDAI NARAIN SINHA Vs. STATE

JUDGEMENT

(1.) An elector, who appears in Person, has invoked the jurisdiction of this Court under Art.226 of the Constitution to challenge the existence of the current Legislative Assembly - the Ninth Legislative Assembly.

(2.) The term of the Eighth Legislative Assembly was to expire on 27th June, 1985. The Governor of Uttar Pradesh, in the purported exercise of powers under S.15 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) issued a notification on 30th Jan. 1985, calling upon all the Assembly constituencies in the State to elect members in accordance with the revisions of the Act, the Rules and the orders made thereunder. The Election Commission on 10th Mar., 1985, issued a notification purporting to be under S.73 of the Act notifying the names of the members elected in the various constituencies barring a few constituencies where elections could not be held for one reason or the other. On the same date, the Governor, in the purported exercise of powers under cl. (b) of Art.174(2) of the Constitution, issued a notification dissolving the Uttar Pradesh Legislative Assembly with effect from that date. A notification issued on the same day announced that the Governor accepted the resignation of Sri Narain Dutt Tewari, the then Chief Minister, and the members of his cabinet with effect from the afternoon of the said day, and directed that the Chief Minister should continue to function along with his cabinet till a new cabinet was constituted. On 11th Mar. 1985, a notification was issued to the effect that the Governor appointed Sri Narain Dutt Tewari as the Chief Minister.

(3.) The provisions of Section 15 of the Act are in pari materia with those contained in S.14. In Anand Mohan v. Union of India, AIR 1985 All 114 we had the occasion of considering the question whether a general election could be held for constituting a new House of the People even before the expiration of duration of the existing House. We took the view that the parliamentary constituencies in the country could be called upon to elect members of the House of the People in advance, at any time within six months from the date of expiration of the duration of the existing house but not before six months. We have already indicated that the Eighth Legislative Assembly had its life till 27th June, 1985. The notification dt. 30th Jan., 1985, having been issued well within six months was perfectly valid.