SURESH SETH Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner, an Ex-M.L.A., is aggrieved by the State Government's order dated 16.11.1994 (Annexure P/3), whereby the interest- subsidy granted to the members of IXth Vidhan Sabha under an earlier order dated 6.2.1992 (Annexure P/l) was, on dissolution of that Vidhan Sabha on 15.12.1992, discontinued with effect from such dissolution in respect of only those members who did not get re-elected for the Xth Vidhan Sabha which came into existence in December, 1993.

(2.) The M.P. State Co-operative Bank Ltd., Bhopal, which is the Apex Bank in the Co-operative field in the State, with the previous approval of the Registrar of Co-operative Societies, M.P. Bhopal, framed a Scheme for grant of mid-term loan for Rs. 1.5 lacs each to the member of IXth Vidhan Sabha for purchase of Jeep or Car so as to make it convenient for the members to work effectively in their constituencies. Under this Scheme. the loan was to be distributed through the various District Co-operative Banks in the State. The money for the Scheme was to be provided by the Apex Bank to the distributing subsidiary Banks on interest at the rate of 13 percent per annum. The distributing Banks were allowed to charge interest from the loanees at the rate of 15 percent per annum with quarterly rests. The loan, with interest, was to be re-paid in five years in monthly instalments. The amount of instalments was to be deducted every month from the salary/pension of the loanee member by the Vidhan Sabha Secretariat and paid to the lender Bank. The approval to the Scheme was accorded by the Registrar, on 12.4.1991. The Scheme did not as such provide for grant of any subsidiary but merely made a reference that the loanee members shall be entitled to the benefit of such subsidy as and when the same is announced by the State Government. The State Legislature had also adapted the Scheme on 5.1.1992.

(3.) The Department of Parliamentary affairs, vide order dated 6.2.1992 (Annexure P/1) took decision to grant interest-subsidy to the extent of 10 percent towards the interest payable on the loan taken under the aforesaid Scheme by the members of IXth Vidhan Sabha. The order was made effective from 1.4.1990 and it contained the following terms (I reproduce) :