ANOSH EKKA Vs. ALAMGIR ALAM

JUDGEMENT

(1.) Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioner and Mr. Anil Kumar, learned counsel appearing for the respondent No. 2. The argument was concluded on 25/8/2023 and the judgment was reserved on that day.

(2.) This petition has been filed against the order dtd. 13/8/2009, contained in Annexure-3, issued by the respondent No. 1, who was the Speaker, Jharkhand Legislative Assembly, while exercising powers under 10th Schedule of the Constitution of India and Clause-2 of the same, in particular for allegedly violating the 'Whip', issued by the then President of Jharkhand Party directing the petitioner to support the United Progressive Alliance (hereinafter referred to as 'U.P.A.') Government headed by Shri Shibu Soren in the vote of confidence in the Jharkhand Assembly and to cast vote in favour of U.P.A. candidates for the post of Chief Minister, whereby, he has been pleased to disqualify the petitioner being a Member of Jharkhand Legislative Assembly and has ceased to be the Member of the same with effect from the date of the impugned order dtd. 13/8/2009.

(3.) Mr. Rajendra Krishna, learned counsel appearing for the petitioner submitted that the petitioner had contested election for Membership of the Legislative Assembly from Kolebira Assembly Constituency as a candidate from the Jharkhand Party and was declared elected vide order of the Returning Officer dtd. 27/2/2005. He submitted that on 1/3/2005, Sri N.E. Horo issued 'Whip', directing the petitioner to support U.P.A. Government. On 2/3/2005, Shri N.E. Horo withdrawn letter dtd. 1/3/2005, issuing 'Whip' directing the petitioner to support U.P.A. and on the even date, another letter had been issued by Shri N.E. Horo stating that the earlier letter dtd. 2/3/2005 was obtained under duress. He further submitted that on 5/3/2005, the Party resolved for suspending Shri Lal Ran Vijay Nath Shahdeo and two others Members of the party for six years. He further submitted that the act of Shri N.E. Horo was condemned in the meeting of the Central Working Committee and the District Committee Members on 6/3/2005 and Shri N.E. Horo was suspended from the party on 7/3/2005. He further submitted that Shri Ashok Kumar Bhagat, Central General Secretary, informed the Chief Election Commissioner about the suspension of Shri N.E. Horo on 9/3/2005. He submitted that Shri Lal Ran Vijay Nath Shahdeo on 9/3/2005 after selected as New Party President, issued 'Whip' to the petitioner to support the National Democratic Alliance (hereinafter referred to as N.D.A.). On 9/3/2005 itself, N.E. Horo wrote a letter to the Protem Speaker praying that action be taken against the petitioner (Anosh Ekka) as per the 10th Schedule of the Constitution of India for not following the party resolution dtd. 1/3/2005. He further submitted that the petitioner took oath on 10/3/2005 as a Member of Legislative Assembly and consequently made a Cabinet Minister. The petitioner on 15/3/2005, casted his vote on the floor of the House in support of the N.D.A. He further submitted that in a biennial conference, held on 29/3/2005 of the Jharkhand Party, attended 730 active members, 21 office bearers selected the petitioner- Anosh Ekka as the President. He also submitted that on 31/3/2005/1/4/2005, biennial conference held by Shri N.E. Horo resolving himself to be the President of the Party along with 29 other members. He further submitted that the petitioner has moved before this Court with a prayer for taking a decision on his candidature and by order dtd. 20/5/2005, the High Court requested the Speaker of the Assembly to pass orders in relation to the petition filed against the petitioner under the provisions of 10th Schedule of the Constitution of India with regard to his disqualification. A show cause notice was issued to the petitioner by the Speaker on 6/7/2005 asking him to file his reply within 15 days. Some of the M.L.As. on 6/7/2005 intervened in the matter before the Speaker along with others and requested for disqualification of the petitioner and the said intervention petition was received by the petitioner on 11/8/2008. On 2/8/2005, the petitioner requested the Speaker of the Jharkhand Legislative Assembly to give two months time for filing the rejoinder, as the said petition was received by him belatedly. By letter dtd. 29/8/2005, the then Speaker directed the petitioner to file the reply to the petition filed against him on or before 15/9/2005, otherwise, ex-parte decision would be taken. On 15/9/2005, the petitioner filed the counter affidavit categorically stating that the 'Whip' issued by Shri N.E. Horo dtd. 1/3/2005 had been withdrawn and the same was not issued to him and nor received by him and stating that Shri Lal Ran Vijay Nath Shahdeo was the President, who had issued 'Whip' to support the N.D.A. On 25/10/2005, Shri N.E. Horo filed his reply before the Speaker refuting the charges made by the petitioner, Anosh Ekka.