SHALKHAN MURMOO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The writ petitioner is a former Member of Lok Sabha. However, according to learned Advocate General, the writ petitioner was never a Member from any constituency of the State of Jharkhand and he was a Member of Lok Sabha from the State of Orissa. Be that as it may, the writ petitioner has prayed for a declaration that holding of the post of Chief Minister by Sri Arjun Munda, respondent No. 7, and of the post of Minister of Revenue and Land Reforms by Sri Mathura Mahto, respondent No. 8, is completely unconstitutional, illegal and in violation of the oath of office taken by them as prescribed in the IIIrd Schedule of the Constitution of India and further prayed for a declaration that in view of the blatant violation of the Constitution and stopping and frustrating enforcement of law, the aforesaid respondent nos.7 and 8 are not entitled to continue in the office even for a day.

(3.) In the writ petition, it has been stated that one order was issued on 4th December, 2010, asking the authorities to implement the provisions of Section 46(1) proviso (b) of the Chhotanagpur Tenancy Act restricting transfer of the land belonging to the members of the Scheduled Caste and Scheduled Tribes and other backward classes but immediately within a period of one week, on 11th December, 2010, another order was issued suspending the order dated 4th December, 2010 and thus, they have acted in derogation of the statutory provisions of law and that too, by this they have violated the oath of office taken by them as provided in IIIrd Schedule of the Constitution. The petitioner thereafter submitted I.A. No. 561/2011 seeking permission to add yet another prayer for quashing letter No. 3752 dated 11.12.2010, Annexure - 2, whereby operation of the letter dated 4th December, 2010, has been kept in abeyance.