A.C. SOBHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) ONE A.C. Sobhan Kumar, describing himself as the Vice -Chairman of Bapatla Municipality and claiming to be a Member of the Telugu Desam Party State Executive Committee has filed this petition under Art. 226 of the Constitution seeking an appropriate Writ, order or direction declaring Part 6 of the Representation of People Act 1951 with all its 6 chapters from Ss. 79 to 122 of the said Act as ultra vires Arts. 163 and 164 of the Constitution of India. Shorn of all material not relevant for the disposal of this petition what the petitioner pleads is as follows: -

(2.) THE petitioner asserts that allowing an elector to challenge the election of a person chosen as Chief Minister in an Election Petition under the Representation of the People Act indirectly gives a jolt to the authority of the House, whether it be a Lok Sabha or State Legislative Assembly.

(3.) IF we analyse, the entire argument of the learned counsel proceeds on the assumption that a person who is elected to either houses of Legislature on becoming a Chief Minister heading the council of Ministers, ceases to be a member of the State Legislature. This assumption is clearly erroneous. Part VI of the Representation of the People Act, 1951 deals with disputes regarding elections. It declares in S. 80 that no election shall be called in question except by an election petition presented in accordance with the provisions of that part. 'Election' as defined in S. 2(d) means an election to fill a seat or seats in either house of Parliament or in either house of the Legislature of a State other than the State of Jammu and Kashmir. Under S. 80A of the Representation of the People Act. The High Court is empowered to try election petitions calling in question any "election" as defined under the said Act. Part VI of the Act commencing with S. 79 and ending with S. 122 deals with disputes regarding elections and the procedure to be adopted in the disposal thereof. Part VII of the Act defines "Corrupt Practices and Electoral Offences". This is a law envisaged by Part V of the Constitution and in particular Arts. 326, 327, 328 and 329 of the Constitution. Even after a person is appointed as a member of the Council of Ministers or as the Chief Minister, heading the Council of Ministers, he does not cease to be a member of either House of the Legislature. On the contrary, in fact, in order that he may continue as a Member of the Council of the Ministers or as the Chief Minister, he should be member of either House of the Legislature, or must become a Member thereof, before the expiration of a period of six consecutive months as laid down by Art. 164(4) of the Constitution.