LACHHMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The controversy here is with regard to the allotment of an M.L.A. Flat to the petitioner-Lachhman Singh Kamboj, a Member of the Legislative Assembly of Haryana, who was elected from Indri Constituency in May, 1982 and the provision of a telephone to him at his residence in village Hansu Majra. The case of the petitioner being that soon after he had been sworn-in as a Member of the Vidhan Sabha, he had applied to the Speaker for the allotment of an M.L.A. Flat and also a Telephone, but to-date no such allotment had been made nor any telephone provided. This, he attributed to discrimination against him on the ground that he was a Member of the Janta Party whereas the majority in the Vidhan Sabha belonged to the rival Congress-I Party.

(2.) The Haryana Vidhan Sabha has 22 M.L.A. Flats for allotment to its Members. It would appear from a reading of the return filed by the Secretary of the Vidhan Sabha that 20 of such Flats were allotted by the Speaker and the remaining two by the House Committee. The House Committee, here, was constituted on Aug. 28, 1982. It was stated that the petitioner had applied for the allotment of an M.L.A. Flat only on Sept. 8, 1983 by which time all the Flats already stood allotted. The application of the petitioner for allotment of a Flat was, however, forwarded to the House Committee and his name had been included in the waiting list.

(3.) The allotment of M.L.A. Flats to the Members of the Haryana Vidhan Sabha is governed by the Haryana Legislators' Flats, Servants Quarters and Motor Garages Allotment Rules, 1975 (hereinafter referred to as 'the Rules'). Sub-rr.(1), (2) and (3) of R.4 thereof are relevant here. They read as under:-