KASHMIR SINGH Vs. MANSA RAM

JUDGEMENT

(1.) This order will dispose of the preliminary objection raised by respondent No. 3 the Speaker, Himachal Pradesh Vidhan Sabha that in view of Article 212 and Para 6 of the Tenth Schedule of the Constitution he is not subject to the jurisdiction of this Court, therefore, notice issued to him be withdrawn. However, it is stated in the short reply -affidavit containing legal submissions that he is ready to produce the entire record of the case for the perusal of this Court.

(2.) Brief facts of the case are that the petitioner, who is Congress MLA, Ghumarwin Legislative Assembly Constituency, has filed this writ petition challenging the order dated 26.7.1999 (Annexure PK) passed by respondent No. 3, the Speaker whereby he has dismissed his petition seeking disqualification of respondents 1 and 2, the Members of Legislative Assembly from Karsog and Balh legislative assembly constituencies respectively. The grounds for challenge, inter alia, are that the impugned order suffers from violation of principle of natural justice, as no opportunity was afforded to the petitioner to prove his case and his petition was decided merely on the pleadings, that is, reply -affidavits of respondents 1 and 2, his rejoinder and also material collected behind his back.

(3.) The writ petition for the first time was listed for admission on 25.4.2000 and notice to show cause was issued to the respondents, and Shri Vipan Negi, learned Counsel accepted notice on behalf of respondent No. 3. Thereafter short reply -affidavit containing the legal submissions was filed by respondent No. 3. One of the legal submissions raised in the reply -affidavit is that he has passed the impugned order as Speaker, Himachal Pradesh Vidhan Sabha by holding proceedings under Para 6 of the Tenth Schedule of the Constitution which are deemed to be proceedings in the Legislature of a State within the meaning of Article 212 of the Constitution and are not subject to the jurisdiction of any Court, as provided under Article 212(2) of the Constitution. It is also alleged that the decision of the Speaker in the matter of disqualification or otherwise of Members of Legislative Constituencies under Tenth Schedule is final and its validity cannot be called in question by filing writ petition. In his rejoinder -affidavit the petitioner has asserted that the impugned order is subject to judicial review and there is nothing wrong in impleading the Speaker as party respondent and giving notice to him.