MAKHAN SINGH TARSIKKA Vs. STATE GOVERNMENT OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India by Shri Makhan Singh Tarsikka for issuance of a writ to the. respondents to arrange for the participation of the petitioner in the meetings of the Punjab Regional Committee fixed for 30th and 31st August, and 1st September, 1965. The respondents in the petition are the State Government of Punjab, the Home Secretary Punjab, the Chief Minister Punjab and the Home Minister Punjab.

(2.) THE facts of the case are not in dispute. The petitioner is a Member of the Punjab Legislative Assembly and respondents Jandiala Constituency of the Amritsar District. The petitioner was detained under Rule 30 of the Defence of India Rules by the order dated 29th December 1964 of the Punjab Government, While in detention the petitioner received summons dated 10th August 1965 from the "chairman Punjab Regional Committee for participating in the meeting of the Punjab Regional Committee to be held on 30th and 31st August, and 1st September, 1965. The petitioner claims that it is his right to attend the above meetings of the Regional Committee. He has, accordingly, prayed for the issuance the direction to the respondents to arrange for his participation in the said meetings.

(3.) DURING the pendency of the main petition the petitioner filed an application making a prayer for the same relief which had been made by him in the main petition. Notice of this application was issued to the respondents for today. Mr. Khoji on behalf of the petitioner and learned Deputy Advocate-General on behalf of the respondents, at the hearing of the application, prayed that as the matter involved in the application was the same as that in the main petition, the main petition itself may be decided. Arguments were, accordingly, heard in the main petition.