JAI NARAYAN PRASAD NISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE disqualification incurred by the petitioner, a Rajya Sabha Member, under Tenth Schedule of the Constitution of India as declared by Chairman, Rajya Sabha contained in Annexure -14 is under challenge in the present writ application. The impugned order is dated 26.3.2008. The order has disqualified the petitioner from being a Member of the House for breach of paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India. Petitioner, therefore, has ceased to be a Member of the Rajya Sabha with immediate effect.

(2.) LA . No. 3416 of 2008 has now been filed and is being pressed by the petitioner to stay the notice of election, if not the election itself which is being held for filling up of the seat caused by removal of the petitioner. His contention is that his writ application will become infructuous if the election is not stayed forthwith. The notification announcing the election was issued on 9.06.2008. The date fixed for election is 26.06.2008. The present Interlocutory Application asking for stay of the election process, if not the election itself, has been filed on 23.6.2008.

(3.) SUBMISSIONS are made by learned Senior Counsel appearing for the Union of India that there is no occasion to grant any stay of the election at this stage for more than one reason. His primary contention is that the law on this issue is quite clear and the principle laid down by the Hon ble Supreme Court in the much celebrated judgment of "Ponnuswami case" in AIR 1952 SC 64 is a complete answer for the petitioner 'sprayer for stay of election. Once the election process has begun by issuance of notification on 9.06.2008 there is no occasion to stay the election when the voting is scheduled for tomorrow i.e. 26.06.2008. He also touched upon the merit of the case but the Court is not taking cognizance of the same because the writ application will have to be heard and decided on its own merit as and when the occasion arises. The Court is also not willing to go into that aspect of the matter least it in any manner cast a reflection on the merit or otherwise of the writ application.