YESHWANT RAO MEGHAWALE Vs. MADHYA PRADESH LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous Petition No 330 of 1966

(2.) BY these applications under Articles 226 and 227 of the Constitution the two petitioners Shri Yeshwant Rao Meghawale and Shri Pandhari Rao Kridutta seek a declaration that notwithstanding the passing of two resolutions by the Madhya pradesh Legislative Assembly on 17th March 1966 expelling them from the House, their seats have not become vacant and pray that the respondents--the Madhya pradesh Legislative Assembly, the Secretary of the Assembly and the State of madhva Pradesh--be restrained by a direction from giving effect in any manner to the resolutions and to the notifications published by the Secretary of the Assembly in the Extra-ordinary Gazette dated 19th March 1966 They also pray that the fourth respondent, namely, the Election Commission, New Delhi, be also directed not to hold bye-elections for filling their seats.

(3.) THE circumstances in which the Assembly passed two resolutions on 17th March 1966 expelling the petitioners, as stated in the return filed on behalf of the State of Madhva Pradesh are that on 16th March 1966 when a motion for suspending shri Ram Swaroop Khare who was obstructing the business of the House and defying the Chair, from the service of the House for the rest of the day was moved, some Opposition members created a disorder and also obstructed the marshal and the security force from taking away from the House Shri Haribhau joshi who had been asked by the Chair to leave the "house and who had refused to do so during the course of this disturbance and confusion. Yeshwant Rao Meghawale leaving his seal ran up to dias jumped on it and assaulted the Deputy Speaker who was presing over the sitting of the House and who was at that moment on his feel adjourning the House for a while. The House reassembled after a few minutes and in the resumed sitting the motion suspending Shri Khare was carried. Some members of the opposition, including the two petitioners, still continued to offer obstruction to the deliberations and create confusion and disorder to such an extent that the Deputy Speaker was compelled to adjourn the sitting of the House to the next day.