KUNWAR ABHAY Vs. MAYAWATI MEMBER OF RAJYA SABHA

JUDGEMENT

(1.) IF this writ petition is considered on the merits of it, then, logically, a rule or a writ, order or direction would issue to a member of Parliament and, in effect, the Rajya Sabha of Parliament. The Court is considering this writ petition as on the date it was brought; such is also the law. Rameshwar v. Jot Ram, AIR 1976 SC 49. The matter has been urged strenuously by learned counsel for the petitioner. When this matter was brought into the Court, the petition was also sought to be amended by inserting certain submissions into the text of the petition as also the prayer and the relief clause. The record which is before the Court as of now, the prayer and the relief clause reads as under: "Prayer It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to : A To issue a writ order or direction in the nature of certiorari thereby quashing the entire statement made by respondent No. 1 on or about 10.3.94 against the "Father of Nation" Mahatma Gandhi and published in different newspapers and magazines of the country, which is also shown in Annexure No. I and II to this petition. A1. To issue order or direction declaring respondent No. 1 Ms. Mayawati as mad (lunatic) and debarring her membership of Rajya Sabha on the basis of statement made by her : and as contained in Annexure Nos. 1 and 2 of the writ petition. B. To issue a writ order or direction in the nature of mandamus be issued thereby' commanding over respondent No. 5, to initiate the proceedings of expulsion and accusation to the guilt of Ms. Mayawati respondent No. 1. C. To issue a writ order or direction in the nature of mandamus be issued thereby commanding over respondent No. 5 and directing them to bring legislation with regard to "the Father of Nation" in the same spirit as "the national flag" and "the national Anthem" and the offence be made cognizable, non-bailable and not compoundable. D. Any other suitable writ order or direction be also issued in view of the facts and circumstances of this case. E. Costs of the petition be awarded."

(2.) PLAINLY, what the petitioner desires is that a direction be issued to a Member of Parliament, a Member of Rajya Sabha, with a declaration that such Member be declared to be suffering from mental infirmity and further, the Court should by a writ declare that this Member of Parliament is as a consequence of this alleged insanity, debarred from her seat at the Rajya Sabha.

(3.) THIS is also not a matter either on facts or otherwise of considering even remotely on a writ of quo warranto that a public office has been usurped either by violating the rule of law or the law of the Constitution.