- (1.) These appeals arise from two petitions under Article 226 of the Constitution questioning the validity of Punjab Ordinance I of 1968 promulgated by the Governor of Punjab and Haryana on March 13, 1968 and Punjab Appropriation Acts Nos. 9 and 10 of 1968. A Full Bench of the High Court of Punjab and Haryana consisting of Mehr Singh, C. J., and Capoor, Harbans Singh, Mahajan and Bedi, JJ., held unanimously that the two Acts were unconstitutional and, by majority, that the Ordinance was also unconstitutional. The High Court certified the cases under Articles 132 and 133 (1) (c) of the Constitution and the State of Punjab appeals. The relevant facts were these :
(2.) At the Fourth General Elections Congress won 43 seats in the Legislative Assembly which has a membership of 104. The other parties (none of which had a majority in the House) combined and formed the United Front Party. A Ministry was formed under Sardar Gurnam Singh. Some of the respondents here were Minister and members supporting the Ministry. Lt. Cot. Joginder Singh Mann and Dr. Baldeo Singh were elected Speaker and Deputy Speaker respectively.
(3.) On November 22, 1967, 18 members of United Front Party including Sardar Lachman Singh Gill defected an formed a new party Punjab Janta Party. With the support of the Congress a new Ministry was farmed under Sardar Lachman Singh Gill on November 25, 1967. The Legislative Assembly was then summoned to meet on February 22, 1968. As the budget was to be considered, the Financial Statement was discussed on 4, 5 and 6 March. On the last day, following some disturbance in the House and consequent disciplinary action, a Resolution was moved expressing non-confidence in the Speaker. The House granted leave and then adjourned itself to the following day.;