Patna High Court - Orders
Manoj Kumar Singh vs Bihar State Legislative Council & Ors on 28 May, 2014
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9361 of 2014
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Manoj Kumar Singh
.... .... Petitioner
Versus
Bihar State Legislative Council & Ors
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Verma, Sr. Advocate
: Ms. Meeta Sinha, Advocate
For the Respondent/s : Mr. Kaushal Kumar Jha
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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
2 28-05-2014The petitioner was elected as a candidate to Bihar Legislative Council in the year 2009. He prays for quashing the notification issued by respondent No.3 on the order of the Chairman, Bihar Legislative Council contained in Memo dated 24.04.2014 in purported exercise of power under Article 190 (3)(b) of the Constitution. The alleged resignation letter dated 20.04.2014 of the petitioner from the post of Member, Bihar Legislative Council has been accepted on 21.04.2014, as contained in Annexure-1.
2. The prayer of the petitioner is founded on the ground that he had not written any letter of resignation and the one said to be written by him is forged and fabricated. In support of his submission, he submits that alleged resignation letter is not in 2 Patna High Court CWJC No.9361 of 2014 (2) dt.28-05-2014 2/4 appropriate format, as prescribed under Rue 83, under Chapter 10 of Bihar Legislative Council Rules (Procedure & Business Conduct Rules), which was sufficient to stir suspicion. In such circumstances, the Chairman of the Bihar Legislative Council ought to have directed for enquiry before accepting letter of resignation in view of Proviso to Article 190 (3)(b) of the Constitution, which is quoted hereinbelow for easy reference:
"190. Vacation of seats:
(1)............
(2).............
(3) If a member of a House of the Legislature of a State-
(a) becomes subject to any of the disqualifications mentioned in [clause(1) or clause (2) of article 191]; or [(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,]."
Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. 3 Patna High Court CWJC No.9361 of 2014 (2) dt.28-05-2014 3/4
3. As the controversy centers round letter of resignation, it would be appropriate that the learned counsel appearing for the Bihar Legislative Council would file its counter affidavit and also produce a copy of the said letter on record.
4. Counsel for the petitioner further submits that as the Session would start from 22.06.2014 and as per the mandate of Sub-Clause (3) of Rule 83, the resignation of a member of Council has to be announced in the Session of the house followed with gazette notification, the matter be heard on priority basis.
5. Referring to a decision of the Hon'ble Supreme Court in case of Shri Kihot Hollohon Vs. Mr. Zachilhu and others, reported in AIR 1993 SC 412 observed that Speaker/ Chairman while exercising powers and discharging functions under the Tenth Schedule, act as Tribunal adjudicating rights and obligations under the Tenth Schedule, and such decisions in that capacity are amenable to judicial review.
6. Taking into the consideration the urgency of the matter, the learned counsel appearing on behalf of Bihar Legislative Council would file counter affidavit by 09.06.2014.
7. List this case under the heading "For Admission-I"
on 09.06.2014 before the appropriate Bench. Any subsequent 4 Patna High Court CWJC No.9361 of 2014 (2) dt.28-05-2014 4/4 development would be subject to the result of this writ application.
(Samarendra Pratap Singh, J) Uday/-