PARKASH SINGH BADAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These three petitions (Civil Writ Petitions Nos. 3065, 3268 and 3435 of 1986), which are based on identical facts and involve common questions of law, have been filed for quashing the notices dated June 13, 1986, a copy of one of which is attached as Annexure P-6, issued to the petitioners by respondent 6, the Speaker of the Punjab Vidhan Sabha, requiring them to show cause as to why they be not disqualified from the membership of the Punjab Legislative Assembly in terms of Art.191(2) read with paras. 2 and 6 of the Tenth Schedule of the Constitution and his order dated July 4, 1986 (Annexure P-8) rejecting the application (Annexure P-7) of Capt. Amrinder Singh, M.L.A., wherein he claimed to be recognised as the leader of the 27 M.L.As. who were stated to have formed a separate legislative party because of the alleged split in the Shiromani Akali Dal. The attack is two prone. First, that the Constitution (Fifty-Second Amendment) Act, 1985 is ultra vires of the powers of the Parliament. Second, that an appropriate order having already been passed by the Speaker under para. 6 of the Tenth Schedule to the Constitution, its successor had no jurisdiction to ignore that order and issue the impugned notices for a fresh decision. Before embarking upon the critical examination of the many facet contentions of the learned counsel for the parties, it is essential to notice, in short, the facts and the pleas contained in their pleadings.

(2.) The petitioners aver that in the wake of the armed police attack on the holy precincts of Sri Harmandir Sahib (Golden Temple, Amritsar) on April 30, 1986, which was widely resented in the rank and file of Shiromani Akali Dal, a majority of the functionaries of the party, its office-bearers and district Jathedars resigned from their posts; Sarvshri Parkash Singh Badal and Gurcharan Singh Tohara resigned on May 1, 1986 from the membership of the working committee and the party led by respondent 7 Shri Surjit Singh Barnala, the Chief Minister; two of the petitioners (Nos. 2 and 23) resigned from their posts of the cabinet ministers and along with Sarvshri Surjan Singh Thekedar and Manjit Singh, the Vice-President and the General Secretary respectively of the party, repudiated the leadership of respondent 7; and petitioners 19 and 20 relinquished the posts of District Presidents of Gurdaspur and Ludhiana units of the Shiromani Akali Dal. Thus, there occurred a split in the Shiromani Akali Dal and a separate political party also known as Shiromani Akali Dal (Badal) consisting of the above mentioned and other leaders and district Jathedars was formed and Shri Surjan Singh Thekedar was appointed as its Acting President and Shri Manjit Singh as General Secretary. As a result thereof, 27 M.L.As., including the 25 petitioners in the three petitions, of the Shiromani Akali Dal (L) Legislature party sent a letter on May 7, 1986 (copy Annexure P-1) to the then Speaker that they had decided to form a separate legislative group and be recognized as such and allotted separate seats in the Punjab Vidhan Sabha. The Speaker, after getting declaration from each of the singnatories and having satisfied of the claim made in the said letter, recognized them as members of the separate political party and ordered the allotment of separate seats to them in the Vidhan Sabha. A copy of the said order dated May 8, 1986 passed by the Speaker has been produced with the petition as Annexure P-3.

(3.) The Deputy Speaker Shri Nirmal Singh Kahlon was taken as minister in the cabinet on May 6, 1986 and the Speaker resigned from his office on May 27, 1986. The Governor of Punjab, therefore, summoned the Vidhan Sabha to meet on June 2, 1986 to elect the Speaker and the Deputy Speaker and to transact the other business. The newly formed group set up Shri Arjan Singh Litt and Dr. S.S. Mohi for the offices of the Speaker and the Deputy Speaker respectively and a whip to vote for them was issued to the members of this group by Shri Amrinder Singh, Shri Surjit Singh Minhas, respondent 6 and Shri Jaswant Singh contested the offices of the Speaker and the Deputy Speaker as candidates of the original Shiromani Akali Dal and a whip was issued by respondent 7 to its members to vote for them. The candidates set up by the Shiromani Akali Dal headed by Shri Surjit Singh Barnala were elected as the Speaker and the Deputy Speaker securing 46 votes each even though the total strength of the Shiromani Akali Dal Legislature Party was 73 because the votes of the breakaway group were polled in favour of the candidates set up by the latter. Shri Surjit Singh Barnala, therefore, filed a petition under Art.191(2) read with paras. 2 and 6 of the Tenth Schedule for declaring Shri Parkash Singh Badal and 22 other members, who had violated the whip issued by him, as disqualified from being members of the Punjab Vidhan Sabha. The Speaker thereupon issued a show cause notice (Annexure P-6) to each of the said members, which led to the filing of the present petition.