COMMITTEE ON PUBLIC UNDERTAKINGS Vs. APASRA SLYVIANA DKHAR

JUDGEMENT

(1.) This is an application for striking off the respondent No. 12 i.e. the Committee on Public Undertakings in the Meghalaya Legislative Assembly, who has been arrayed as party in the main writ petition being WP(C). No. 196 of 2025 as respondent No.12.

(2.) The grounds as set out and advanced by Mr. N.D.Chullai, learned Sr. counsel assisted by Ms. R.Colney, learned counsel on behalf of the applicant is that by virtue of Chapter XXV Assembly Committees of the Rules of Procedure and Conduct of Business in Meghalaya Legislative Assembly containing Rule 193-194, the members are appointed by the Legislative Assembly on a motion made, or nominated by the Speaker as the case may be, and the said Committee which has been arrayed as party was accordingly, by virtue of the Rules constituted to examine the report as stipulated under the Rules. For the sake of convenience, the relevant Rules i.e. 193, 194, 242-A, whereby the controls and functions of the Committee are laid down, are reproduced hereinbelow:

(3.) It is further the case of the applicant that the function of the Committee is only to examine the reports and accounts of the said Undertakings specified in the Rules of Procedure, whereafter a report is presented to the House. The proceedings or recommendations of such Committees it is submitted, can be stated to be, or deemed to be proceedings of the State Legislature. It is then contended that by virtue of Article 212 of the Constitution of India, which lays down that Courts are not to inquire into the proceedings of the Legislature, the proceedings of the said Committee therefore, are covered under the said Article and as such the Committee cannot be made party to the proceedings. Moreover, it has been argued that no relief has been claimed against the Committee, which has only made its recommendations and it was open to the concerned PSUs to take appropriate steps.