KARPOORI THAKUR Vs. ABDUL GHAFOOR

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India, which has been filed by two members of the Bihar Legislative Assembly, raises certain constitutional questions.

(2.) Sri Abdul Ghafoor, Chief Minister of Bihar, is respondent No. 1, Sri Hari Nath Mishra, Speaker of the Bihar Legislative Assembly, is respondent No. 2 and the State of Bihar is respondent No. 3.

(3.) The facts relevant for the disposal of this writ application are not in dispute and they lie within a narrow compass In the General Election, which was held in the year 1972, the two petitioners and others were elected as the members of the Bihar Legislative Assembly. In the month of July, 1973, Sri Abdul Ghafoor (respondent No. 1) was appointed and sworn in as the Chief Minister of Bihar by the Governor of Bihar. On the advice of the Chief Minister, the other Ministers of the Council of Ministers were appointed and sworn in by the Governor on different dates. After the general election, Sri Hari Nath Mishra (respondent No. 2) was duly elected to the office of the Speaker of the Legislative Assembly sometime in the year 1972 and he is still continuing to hold that office. In exercise of the power conferred upon him under Article 174 (1) of the Constitution the Governor of Bihar summoned the Bihar Legislative Assembly to meet on the 18th of March, 1974. According to the time schedule fixed by the Governor, the session was to last till the 26th of April, 1974. The Governor of Bihar addressed the joint session of the Bihar Legislative Assembly and the Bihar Legislative Council on the 18th of March, 1974, in accordance with the provisions contained in Article 176 (1) of the Constitution. On the 18th of March, 1974, the Legislative Assembly met for debating on the Governor's address on what is commonly called "motion of thanks". Before the motion of thanks could be moved, a motion for the adjournment of the House was moved by the Treasury Benches. The Speaker ultimately adjourned the House sine die. Thereafter on the advice of the Council of Ministers the Governor prorogued the Assembly.