BANSI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Ch. Bansi Lal in this petition under Section 226/227 of the Constitution of India prays for issuance of an appropriate writ, order or direction to the State of Haryana to release the salary, allowances and pension etcetera payable to him as admissible under the rules, being Leader of the Opposition.

(2.) The claim of the petitioner is founded on the facts that he was elected as Member of Haryana Legislative Assembly on different occasions. Lastly, he was elected as Member of the Haryana Legislative Assembly on 25.2.2000 and continues to hold that status even now. On 24.7.1999 Haryana Vikas Party passed a resolution electing Ch. Bansi Lal as leader of Haryana Vikas Legislative Party and consequently the Leader of the Opposition, the said party being the largest single party in the opposition. 17 Members of Legislative Assembly (M.L.As. for short) passed this resolution. Copy of the resolution was sent under the signatures of Mr. Mani Ram Godara M.L.A. on the same date to the Speaker of Haryana Vidhan Sabha requesting him to accept Ch. Bansi Lal as Leader of the Opposition.

(3.) According to the petitioner the Speaker of Haryana Vidhan Sabha recognised Ch. Bansi Lal MLA, leader of the Haryana Vikas Party, as Leader of the Opposition under Section 2(d) of the Haryana Legislative Assembly (Allowance and Pension of Members) Act, 1975 with effect from 25.7.1999. The Speaker also directed that the Government should be informed accordingly. The Government was informed by the Secretary in furtherance to the order of the Speaker. The Governor of Haryana dissolved the Haryana Vidhan Sabha on 14.12.1999 and, thus, the petitioner claimed the benefits under the provisions of the said Act and the Rules framed thereunder for the period 25.7.1999 to 13.12.1999.