NARSINGRAO GURUNATH PATIL Vs. ARUN GUJARATHI SPEAKER

JUDGEMENT

(1.) THESE writ petitions under Article 226 challenge the orders passed by the Speaker of the Maharashtra Legislative Assembly on 13th June, 2002 disqualifying the petitioners from membership of the assembly under Article 191 (2) read with Tenth Schedule of the Constitution of India.

(2.) THE elections to the Maharashtra Legislative Assembly were held in September, 1999. The assembly is composed of 289 members of which 288 members are elected and 1 is nominated. The 1999 assembly elections did not give a clear mandate to any single political party. After the elections the position of the parties was as under: <FRM>JUDGEMENT_363_BCR1_2003Html1.htm</FRM> The Indian National Congress and N. C. P. with the support of Janata Dal (S), P. W. P. , C. P. M. , B. B. M. , M. P. P. , R. P. I. and ten independent legislators joined together to form Democratic Front (DF for short) and elected Mr. Vilasrao Deshmukh as its leader. As DF was a single largest group in the Maharashtra Legislative Assembly, the Governor of Maharashtra invited Mr. Vilasrao Deshmukh to form Government in the State and accordingly DF Government was installed.

(3.) IN May 2002, the P. W. P. decided to withdraw the support to DF Government owing to certain differences. On 4th June, 2002, Narsingrao Patil, Narayan Pawar and Shivajirao Naik, the legislators belonging to N. C. P. personally presented letters to the Governor of Maharashtra that with effect from 4th June, 2002, for the remainder of the term of Maharashtra Legislative Assembly, they withdrew the support to the Government headed by Chief Minister Vilasrao Deshmukh. It is said that they were accompanied by the Leader of Opposition Narayan Rane and Gopinath Munde. Gangadhar Thakkarwad of Janata Dal (S) also submitted a letter to the Governor on the same day withdrawing the support of Government headed by Mr. Vilasrao Deshmukh. On 5th June, 2002, Shirish Kotwal another legislator belonging to N. C. P. sent a similar letter to the Governor by fax at about 11. 30 a. m. On the same evening around 6 p. m. , the Governor called upon the Chief Minister to prove his majority on the floor of the Assembly within ten days and accordingly a special session of the Assembly was convened on 13th June, 2002. On 5th June, 2002 the Deputy Chief Whip of N. C. P. Sachin Ahir filed petitions under Article 191 read with paras 2 and 6 of the Tenth Schedule seeking to disqualify Narayan Pawar, Narsing Patil and Shivajirao Naik. These petitions were numbered as disqualification Case Nos. 1 of 2002, 2 of 2002 and 3 of 2002. Disqualification Case No. 5 of 2002 for disqualification of Shirish Kotwal was filed by Sachin Ahir on 6th June, 2002. A legislator of Janata Dal (S) Dada Jadhavrao filed on 6th June, 2002 disqualification Case No. 6 of 2002 for disqualification of Gangadhar Thakkarwad. On 7th June, 2002, the Chief Whip of Indian National Congress Rohidas Patil filed disqualification Case No. 8 of 2002 against Desmond Yetas who was nominated as member of the Assembly by the Governor of Maharashtra on the recommendation of Indian National Congress. It was alleged that Desmond Yetas has joined the opposition and this news has been widely published in various newspapers. The Speaker issued show cause notices to these legislators calling upon them to show cause within two days and notices were duly served on them.