VASUDEV SHARMA Vs. SPEAKER HARYANA VIDHAN SABHA

JUDGEMENT

(1.) Invoking the writ jurisdiction under Article 226 of the Constitution of India, the petitioner is seeking quashing of the order of the 1st respondent namely Speaker, Vidhan Sabha dated 26.3.1991 whereby he was disqualified for being a member of Haryana Legislative Assembly on the ground of defection by issuing a writ of certiorari.

(2.) The general elections to the Legislative Assembly, Haryana, were held in June, 1987. The petitioner contested the said election from Mindhal constituency in Bhiwani District as a Lok Dal (B) candidate and got elected to the Legislative Assembly. Lok Dal (B) having secured majority of the seats, come to power. Later Lok Dal (B) party was renamed as 'Janta Dal' party. Thus all the members, who have been elected as Lok Dal (B) party candidates, were treated as members of the Janta Dal party. In November, 1990, there was a split in the Janta Dal Party at the national level and Janta Dal (B) Party and Janta Dal (V.P. Singh group) came into being. Before the split, there were 57 members of the Legislative Assembly belonging to the Janta Dal. On account of the split in the Janta Dal Party at national level, majority of the members of the Legislative Assembly belonging to Janta Dal Legisla tive Party decided to form a separate group and called Janta Dal (S) Party under the leadership of Saravshri Chander Shekhar and Devi Lal at a national level. Ac cording to the petitioner, 44 MLAs decided to form the distinct group of Janta Dal (S) Party, but out of them only 41 members of the legislature party could give in writing to their leader, Ch. Hukam Singh, the then Chief Minister, Haryana. The remaining 3 MLAs including the petitioner could not attend the meeting on the 1st week of November, 1990 as those three MLAs including the petitioner were held up at far away places on some personal work. The leader of the majority namely Ch. Hukam Singh informed the Speaker, Vidhan Sabha, the 1st respondent on 6th November, 1990, of the formation of the distinct group called Janta Dal (S) Party and he appended the resolution and the affidavits of 41 M.L.As. who attended the meeting of members of the Legislature Party of Janta Dal wherein it was decided to form a separate group called Janta Dal (S) party. The petitioner and two other members of the Legislative Assembly could not inform the Speaker about their joining Janta Dal (S) Party at that time. The Speaker basing on the latter of Ch. Hukam Singh, the then Chief Minister recognised Janta Dal (S) Legislature party as distinct group consisting of 41 members only with effect from 6.11.1990 itself.

(3.) The 1st respondent passed an order dated 26.3.1991 disqualifying the petitioner for being a member of the Legislative Assembly, Haryana. because of this order, the petitioner has also become disentitled to the pensionary benefits which he was otherwise entitled to under the provisions of the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975 (hereinafter referred to as the 'Act'). The petitioner, therefore, filed this writ petition praying for issuance of a writ of certiorari to quash the order of the Speaker dated 26.3.1991 (vide Annexure P-1) and also the letter of the secretary, Haryana Vidhan Sabha informing the petitioner that he was not entitled to draw pension as an Ex. MLA Under Section 7-A(1-A) of the Act. The petitioner is further seeking a writ of mandamus directing respondents 1 and 2 to release the pensionary and other benefits to him as per his entitlement under the provisions of the said Act.