LAXMAN JAIDAV SATPATHY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners by this petition have prayed that by appropriate writ or order, orders dated 1-5-1991 (Annexures P-12 and P-13) passed by the Speaker may be quashed and they may be allowed to continue to represent their respective constituencies as Members of the Legislative Assembly of Madhya Pradesh till the expiration of the term.

(2.) Brief facts giving rise to this petition are that all the six petitioners were elected as Members of Legislative Assembly (for short 'M.L.A.') of Madhya Pradesh in 1990 Assembly elections on the Janata Dal election symbol. We need not go into the facts as to how Janata Dal splitted at national level and ultimately in the State of Madhya Pradesh. Suffice it to say that the Janta Dal at the national level splitted from the parent body on 27th December, 1990 and a separate new party known as M.P. Janata Dal (Samajvadi) was formed in Madhya Pradesh. A resolution to this effect dated 2nd April, 1991 has been placed on record as Annexure P-1. On 3rd April, 1991 vide Annex. P-2, Shri Vidhya Charan Shukla, Ex-President of Janata Dal informed the Speaker, M.P. Legislative Assembly, Bhopal about the split. Thereafter on 16th April, 1991 (Annex. P-6), the Speaker was informed by the six MLAs' namely Shri Arun Mishra, Shri Mangal Faraq, Shri Santosh Agrawal, Shri Laxman Jaideo Satpathi, Shri Ashok Rao and Shri Shiv Kumar Singh that in view of the division in Janata Dal with reference to resolution dated 3rd April, 1991, they had formed a separate group known as the Progressive Party which has more than half of the original numbers of the party. On 18th April, 1991, a resolution was passed by the so called Progressive Party that all the six MLAs had unanimously resolved to merge with the Indian National Congress. Copy of the same has been placed on record as Annex. P-7.

(3.) On 6th April, 1991 vide Annexure P-4, one Neha Singh, M.L.A., Kewlari, District Seoni filed a petition before the Speaker praying that all the five M.L.A.s of Janata Dal (S) who have joined Indian National Congress Party be disqualified from membership of the Legislative Assembly under the Xth Schedule of the Constitution of India. Subsequently one Shri Shailendra Pradhan also filed a petition in which he complained against all the six MLAs (petitioners). Copies of these petitions were given to the petitioners on 18th April, 1991. A preliminary objection was filed by way of joint reply to the applications/petitions of Neha Singh and Shailendra Pradhan on 16th April, 1991. Copy of reply dated 16-4-1991 is on record as Annexure P-5 that the petition has not been filed in accordance with Rule 6 of the M.P. Legislative Assembly Members (Disqualification on the ground of Defection) Rules, 1986 (for short the Rules of 1986). It was also stated that since there was a very short time, they reserved their right to file detailed reply.