JAI NARAIN PRASAD NISHAD SON OF LATE KOKIL PRASAD NISHAD Vs. UNION OF INDIA THROUGH THE SECRETARY, PARLIAMENTARY AFFAIRS, NEW DELHI

JUDGEMENT

(1.) HEARD Mr. Arvind Kumar Tiwary, Advocate, for the appellant and Mr. K.P. Ranjan, CGC, for the respondents.

(2.) THE present appellant was elected to Rajya Sabha as a member from Bhartiya Janta Party. Subsequently, however, he resigned from such party. Thereafter on the basis of information received from the party, the Chairman, Rajya Sabha held that the present appellant had ceased to be a member of Rajya Sabha. Such order was challenged by the appellant by filing a writ petition, that is, CWJC No. 5914/2008. The learned Single Judge on elaborate consideration of various contentions did not find any merit in any of the contentions raised by counsel for the writ petitioner and, therefore, dismissed the writ petition. In this appeaf the main contention which has been raised by the counsel is to the effect that the learned Single Judge has not taken into account the effect of Rule 3(4) of the "The Members of Rajya Sabha (Disqualification on ground of Defection) Rules, 1985" to the following effect: -

(3.) ON the basis of above, the contention is to the effect that the necessary information was not furnished within thirty days as contemplated in the sub -rule. However, the said sub -rule also contemplates that placing of such information can be within such further period as the Chairman may for sufficient cause allow. Whether such time was extended or not is a matter of in house procedure and the courts are not expected to go into that aspect. Moreover, we find that the present appellant has been recently elected -as a member of Lok Sabha representing Janta Dal (United) Party. If the appellant wants restoration of his membership of Rajya Sabha he has to get re -entry into the Bhartiya Janta Party. In this changed scenario counsel for the appellant also is not willing to press this appeal. Accordingly, the appeal is dismissed.