VIKRAM SINGLYL Vs. RAM BALLABHJI KASAT

JUDGEMENT

(1.) After recent elections to the Madhya Pradesh Legislative Assembly, 5th respondent became the Chief Minister. By virtue of Art. 164(4) of the Constitution of India, if the 5th respondent does not get elected as Member of the State Legislature within a period of six consecutive months, he shall cease to hold office. It is stated that the 5th respondent's brother who was elected to the Legislative Assembly from Raghorarh constituency, resigned, but on account of an election petition filed by the son of a defeated candidate Ramprasad Shivare, the Chief Election Commissioner directed that by election would not be held for that constituency. It is alleged that 5th respondent offered inducement to Shri Ramprasad Shivahare to cause the election petition withdrawn, but without success. Second respondent who was elected to the State Legislature from Chachoda constituency, tendered his resignation on 16-3-1994 on account of pressure and inducement offered by 5th respondent. According to the petitioner, the resignation was not accepted by the Speaker. It is alleged that the resignation was not voluntary or lawful and there was no acceptance in the eye of law. On these averments, petitioner has sought declaration that the resignation was neither voluntary, nor one within the meaning of "resignation" as per Article 190(3)(b), quashing the declaration made in the Legislative Assembly in regard to the resignation and declaration that the Chachoda Assembly seat is not vacant and the second respondent continues to be the member representing the constituency.

(2.) Second respondent filed a caveat. He has filed an affidavit and copy of the declaration made by the Speaker and the gazette notification relating to the acceptance of the resignation. Respondents 2 and 3 have sworn to separate affidavits and produced some documents.

(3.) We have heard learned counsel representing the petitioner and respondents 2, 3 and 5. We find it unnecessary to issue notice to respondents 1 and 4.