MAHTAB LAL SINGH Vs. STATE

JUDGEMENT

(1.) :-In this application, the writ jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India, has been invoked for quashing a part of the impugned notification No. 686 dated 19/04/1991, of the Bihar Vidhan Sabha Sachivalaya, containing the decision of the Speaker of the Bihar Legislative Assembly, whereby it has been held that the petitioner has incurred disqualification for being a Member of the Bihar Legislative Assembly under the provisions of Art. 191(2) in terms of paragraph 2(1)(b) of the Tenth Schedule of the Constitution of India (hereinafter referred to as 'Constitution') read with R. 8(3) of the Bihar Vidhan Sabha (Disqualification of members on the ground of Defection) Rules, 1986 (hereinafter referred to as the 'Rules') framed under paragraph 8 of the Tenth Schedule and the seat held by the petitioner has been declared vacant as per the provisions of Art. 190(3)(a) of the Constitution.

(2.) Before entering into the controversies raised by the parties and consideration of the relevant provisions, it would be appropriate to have a brief survey of some of the facts. FACTS

(3.) The petitioner, a Janta Dal Candidate, was elected as Member of the Bihar Legislative Assembly (in short 'Assembly' in 1989 General Election. In October-November, 1990, on account of some difference in Janta Dal, the then Deputy Prime Minister Sri Devi Lal was removed from the post which led to a split in the Party and a large number of the Members of the Parliament joined the leadership of Shri Chandra Shekhar and Sri Devi Lal. Ultimately, this led to defeat of Janta Dal Ministry headed by Shri V. P. Singh in the floor of the Parliament and a new Ministry headed by Shri Chandra Shekhar was formed. On account of the aforesaid, almost in every State some of the Members of the Assembly of the said Party expressed their allegiance to the group led by Shri Chandra Shekhar and Devi Lal.