UDAI NARAIN SINHA Vs. COUNCIL OF MINISTERS

JUDGEMENT

(1.) The petitioner by means of this petition has prayed for the following reliefs :-

(2.) It is contended by the petitioner that 8th Legislative Assembly of Uttar Pradesh commenced on 27th June, 1980 and therefore it had to continue till 27th June, 1985. In the meantime, a notification was issued on 30th Jan. 1985 by the Governor of Uttar Pradesh under S.15(2) of Representation of the People Act, 1951 (hereinafter referred to as the Act) calling upon all assembly constituencies in the State to elect members for the purposes of constituting a new Legislative Assembly. The Election Commission by its separate Notification dt. 30-1-85 fixed 6th Feb. 1985 as the date for making nominations, 7th February as the date for scrutiny of nominations and 9th Feb. 1985 as the last date for withdrawal of the candidature. A separate date for poll was also fixed. After the elections for constituting the new Legislative Assembly were held, a notification was issued by the Election Commission under S. 73 of the Act on 10th March, 1985 by which the names of the elected members were notified. The same day a notification was issued by the Governor of Uttar Pradesh under sub-cl, (b) of Cl. (2) of Art. 174 of the Constitution by which the U. P. Legislative Assembly was dissolved. On the same day, i.e., on 10th March, 1985, the resignations of the Chief Minister and the members of his Cabinet were accepted by the Governor vide Annexure-6. The next day, i.e. on 11th.March, Sri Narain Dutt Tewari was appointed the Chief Minister of U.P.

(3.) Sri Udai Narain Sinha, who has appeared before us in person and has argued the case, has raised three principal contentions; (i) on the issuance of a notification under S. 73 of the Act; new Uttar Pradesh Legislative Assembly was constituted on 10th March, 1985 which was dissolved by the Governor of Uttar Pradesh by a notification issued on the same date under Art. 174 of the Constitution. There was therefore no Assembly in existence which could be convened for the Budget Session; (ii) even if it is held that there was a new Assembly constituted on 10th Match, 1985 it could not legally function as the old Assembly constituted on 27th June, 1980 had to remain in existence till 27th June, 1985 and, therefore, no Council of Ministers could be formed prior to that date; (iii) Art. 327 authorises the Parliament to make laws with regard to all matters relating to or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and "all other matters necessary for securing the due constitution of such House or Houses". This cannot be construed to authorise the Parliament to make law that the State Assembly shall be deemed to be constituted with effect from a specific date.