NANDLAL Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard. By the present petition the petitioner is seeking to challenge the special report of the Legislative Privilege Committee dated 26-3-2008 and further to quash and set aside the sentence of simple imprisonment which was imposed upon the petitioner upon the recommendations of the Legislative Privilege Committee.

(2.) On or about 7-3-2006 one of the Members of the Maharashtra Legislative Assembly, namely, Sri Janardan Chandurkar moved a privilege motion under Rule 273 of the Maharashtra Legislative Assembly Rules against the petitioner alleging that the order issued by the petitioner in his capacity as the Commissioner, State Election Commission amounted to breach of privilege of the Legislative Assembly. A show cause notice dated 27-3-2006 came to be issued to the petitioner to which the office of the petitioner, under the reply dated 26-6-2006, sought to explain that the order of the Commissioner dated 7-3-2006 did not amount to breach of privilege. A further notice came to be issued to the petitioner on 27-6-2006 along with certain copies of the documents and the same was also sought to be replied by the office of the petitioner on 28-6-2006 which was followed by correspondence between the office of the State Election Commissioner and the office of the respondent No. 1.

(3.) On 2-1-2008 a notice came to be issued to the petitioner by the Privilege Committee of the Maharashtra State Legislative Assembly through the Principal Secretary requesting the petitioner to remain present before the committee for recording his deposition in the matter. The said notice was sought to be replied by the petitioner on 4-1 -2008 and according to him it was appropriate to place his submissions before the Committee and the Members thereof with the expectation that the committee would take appropriate and legal decision after taking into consideration the provisions of the Constitution of India and on analysing the judgments of the Supreme Court and the High Courts.