Y.K.Sabharwal, CJI. - (1.) THESE petitions challenge the legality of orders passed by the Speaker of Haryana Legislative Assembly (for short, 'the Assembly') disqualifying petitioners from being members of the Assembly. The impugned orders have been passed in exercise of the powers conferred on the Speaker under the Tenth Schedule to the Constitution of India. Four petitioners (Writ Petition Nos.290, 291, 293-294 of 2004) were independent members of the Assembly. Petitioner - Jagjit Singh (W.P.No.287 of 2004) belonged to a political party named 'Democratic Dal of Haryana'. He was a lone member representing his party in the Assembly. Petitioner- Karan Singh Dalal (W.P.No.292 of 2004) was a lone member of a political party named 'Republican Party of India' in the Assembly.
(2.) THE petitioners were elected to the Assembly in election held in February, 2000. All impugned orders disqualifying the petitioners were passed on 25th June, 2004. THE voting for election to Rajya Sabha took place on 28th June, 2004. THE petitioners, however, could not vote in the said election, having ceased to be the members of the Assembly with immediate effect. The challenge to the orders of disqualification is made on various grounds. The ground common to all the petitions is the violation of principles of natural justice. It has been contended on behalf of all the petitioners that the orders of disqualification were made in utter haste with a view to deprive them of their right to vote on 28th June, 2004 with a view to help the Chief Minister whose son was a candidate in elections to Rajya Sabha. It is contended that the Speaker had no basis for coming to the conclusion that the independent members had joined the Indian National Congress. It is claimed that the impugned orders are clearly result of malafides of the Speaker. On behalf of the two petitioners belonging to political parties, it has been contended that they are entitled to protection of paragraph 3 of the Tenth Schedule since there were splits in their original political parties and they being single member parties in the Assembly, on having joined Indian National Congress, the stipulation that when more than one-third members join another party, there is a split, stood fulfilled, it being a case of hundred per cent members joining another political party. Before considering the legal submissions, we may briefly narrate the facts of each case. Writ Petition No.287 of 2004 (Jagjit Singh) and Writ Petition No.292 of 2004 (Karan Singh Dalal). The petitioner contested election as a candidate of National Congress Party (NCP) and was the only elected member of the party in the Assembly. The case of the petitioner is that on 28th December, 2003 due to organizational difficulties and differences with the central leadership of NCP which is primarily based in Maharashtra/Meghalaya, the workers/leaders of the NCP at Haryana decided to cause a split by passing a unanimous Resolution. The split was recognized by central leadership of NCP. On split, a new political party named 'Democratic Dal of Haryana' was formed. The petitioner on 29th December, 2003 filed application before the Speaker placing the factum of split and formation of the new party on record. On 31st December, 2003, respondent No.3 filed a complaint before the Speaker under paragraphs 2 and 6 of the Tenth Schedule of the Constitution of India seeking disqualification of the petitioner on the ground that he has voluntarily defected from NCP and formed/joined Democratic Dal of Haryana. On 17th March, 2004, Speaker issued notice to petitioner calling for his comments to the allegations made against him. However, notice could not be served on the petitioner. The case of petitioner is that on 30th April, 2004 merger of Democratic Dal of Haryana took place with Indian National Congress in accordance with law and, therefore, the case is covered by Paragraph 4 of the Tenth Schedule. In this view, no proceedings for disqualification could be initiated or continued. A further notice dated 23rd April, 2004 was also issued to the petitioner. A fresh notice dated 18th May, 2004 was issued calling upon the petitioner to file reply on or before 4th June, 2004 that was served on the staff of the petitioner on 31st May, 2004. The petitioner on 4th June, 2004 filed an application before respondent no.2 - Speaker placing on record certain facts and praying for extension of time by four weeks to file reply. On 23rd June, 2004, request of the petitioner for adjournment of proceedings beyond 28th June, 2004 was rejected by the Speaker who heard the arguments and listed the matter for further proceedings for 24th June, 2004. On 24th June, 2004, proceedings were adjourned to 25th June, 2004 for orders. Further case of the petitioner is that the Speaker on 24th June, 2004, called him on his mobile phone and stated that if petitioner decides to abstain from voting in election of Rajya Sabha on 28th June, 2004, his disqualification can be avoided. The impugned order was passed on 25th June, 2004.
(3.) ONE of the contentions urged is that the Speaker, respondent No.2, has not filed any reply and, therefore, the averment made that he called the petitioner on 24th June, 2004 asking him that if he decides to abstain from voting, disqualification can be avoided shall be deemed to be admitted and, thus, the malafides of the Speaker are apparent. The contention is that the Speaker was acting on the dictates of respondent No.5, the Chief Minister of Haryana whose son was contesting the election to Rajya Sabha and the impugned order was passed at his behest. The facts of writ petition No.292 of 2004 are almost similar with the only difference that the petitioner here was member of another political party, namely, Republican Party of India (RPI). All other facts including the dates, grounds, non-service and thereafter manner of service of the notice are almost similar. W.P.No.291 of 2004 (Dev Raj Dewan) and W.P. Nos.290, 293-294/2004;