LEELA DEVI Vs. RANGILA RAM RAO

JUDGEMENT

(1.) The petitioner has filed this election petition praying that the election of the respondent to the Himachal Pradesh Legislative Assembly from 64 Gopalpur constituency be declared as void.

(2.) A few facts relevant for the decision of this election petition may be stated. It is pointed out in the election petition that a notification dated April 16, 1982 was issued by the Governor of Himachal Pradesh calling upon all Assembly Constituencies of Himachal Pradesh to elect members to represent them in the Himachal Pradesh Legislative Assembly and the Election Commissioner issued a programme of election for that purpose on the same day. The election programme was notified and after the date of withdrawal of names, the petitioner, respondent and some others were left in the field. The petitioner as also the respondent had filed their nomination papers on April 20, 1982. The polling took place on May 19, 1982 and the votes were counted on May 21, 1982. Since the respondent secured more votes, he was declared elected by the Returning Officer on that day.

(3.) It is stated in the election petition that the respondent was a member of Himachal Pradesh Vidhan Sabha from June 1977 to April 19, 1982. With effect from May, 9, 1980, he was appointed as Chief Parliamentary Secretary to the Government of Himachal Pradesh. It is pointed out that since there was no provision for the appointment of Chief Parliamentary Secretary under the Constitution of India, the Government of Himachal Pradesh in exercise of its executive powers, accorded sanction to the creation of the post of Chief Parliamentary Secretary. Consequently, the respondent was appointed as such by an order dated 11th June, 1980. The order was, however, made effective from May 9, 1980. It is stated that on April 19,1982, the Governor of Himachal Pradesh in exercise of his powers under Art.174 of the Constitution of India, dissolved the Legislative Assembly of Himachal Pradesh with effect from that date. As such, according to the petitioner, the respondent ceased to be a Member of Himachal Pradesh Legislative Assembly (The Assembly in short) and could not continue to be a Member of the Government of Himachal Pradesh, headed by the then Chief Minister. It is contended by the petitioner that from that day onward, the respondent was reduced to the status of an employee of the State Government drawing a salary of Rs. 1,000/- per month apart from enjoying other privileges as contained in Annexure-A According to the petitioner, since the respondent held the office of profit under the State of Himachal Pradesh from April 19, 1982, the protection from disqualification afforded to him as a Cheif Parliamentary Secretary under S.3 of the Himachal Pradesh Members of Legislative Assembly (Removal of Disqualifications) Act, 1971 (hereinafter to be referred as the Act of 1971) ceased to be available to him from that day onwards. The respondent is stated to have resigned from the said office on 24th May, 1982.