Jagjit Singh vs State Of Haryana & Ors

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.

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.

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 The petitioner in Writ Petition No.291 of 2004 was elected as an independent member of the Assembly and as such supported from outside the Government of Indian National Lok Dal Party headed by respondent No.5, as Chief Minister for more than four years from February, 2000 to June, 2004. The case of the petitioner is that on 14th June, 2004, he withdrew his support to Government of respondent No.5 and declared his outside support to Indian National Congress in the State of Haryana. On 15th June, 2004, a complaint was filed against him by respondent No.3 under paragraphs 2 and 6 of the Tenth Schedule of the Constitution on the ground that petitioner had joined the Indian National Congress. Complaints were also filed against petitioners in Writ Petition Nos.290, 293-294 seeking their disqualification on similar grounds. The Speaker, respondent No.2, issued notice to the petitioner on 16th June, 2004 for submitting comments on 24th June, 2004. The application dated 23rd June, 2004 filed by respondent No.3 before Speaker to place on record additional evidence was taken up by the Speaker on 24th June, 2004. The copies of application dated 23rd June, 2004 for placing on record additional evidence, affidavit of Ashwani Kumar along with transcripts of interview on Zee TV and Haryana News and the alleged page of Congress Legislature Party Register dated 16th June, 2004 were handed over by the Speaker to the counsel for the petitioner at 3.30 p.m. on 24th June, 2004 with a direction to file reply thereto by 10 a.m. on the next date i.e. 25th June, 2004. On 25th June, 2004, petitioner filed a short reply to the main petition alleging malafides against the Speaker and the Chief Minister and denying that he joined Indian National Congress. A reply was also filed on that date to the application stating that fair opportunity to contest the proceedings had not been granted and the evidence is concocted and manipulated. An opportunity was sought to cross-examine Ashwani Kumar and also to lead evidence. On the same date at 1.00 p.m. the impugned order was passed. The facts in the other three cases are almost identical. According to the petitioners, there is no material for coming to the conclusion that they joined Indian National Congress. They attribute malafides to respondent Nos.2 and

Four petitioners who were elected as members of the Assembly as independent candidates, have been disqualified by the impugned orders under paragraph 2(2) read with paragraph 6 of the Tenth Schedule. Paragraph 2(2) provides that an elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election. According to the impugned orders, the four independent members of the Assembly having joined Indian National Congress have incurred this disqualification.

The facts have already been noticed earlier. We will now briefly recapitulate what was alleged in the complaint filed on 15th June, 2004, the documents filed therewith, the additional documents filed with the application dated 23rd June, 2004, the proceedings that took place before the Speaker and what has been held in the impugned orders by the Speaker. It was alleged i9n the complaints which were served on petitioners on 16th June, 2004 that they had joined the political and legislature parties of Indian National Congress as members thereof. The said fact had been widely reported in all daily newspapers in English as well as vernacular language dated 15th June, 2004. True copies of the news items as published in newspapers reporting their having joined the Indian National Congress were filed. According to those reports, the leader of the Opposition in the State Assembly had stated that these members were taken to Congress President and had joined the said party. Copies of the news items as appearing in '"The Tribune", "The Times of India", "Hindustan Times", "Punjab Kesari" and "Dainik Jagran" were filed with the complaints. It was further alleged that besides the news reports appearing in the print media, actions of these members joining the political and legislature parties of Indian National Congress were widely reported by the electronic media including Zee News television channel, Aaj Tak television channel and Haryana News of Punjab Today television channel.

The petitioner Jagjit Singh (Writ Petition No. 287/2004) was a sole elected member of the political party 'NCP'. He claims that there was a split in the national unit of 'NCP' as a result whereof a political party named Democratic Dal of Haryana was formed on 20th December, 2003. On 29th December, 2003 the petitioner intimated the Speaker about the split and formation of the new political party and requested the Speaker to accept the new legislature party and treat the petitioner as a member of the said party. On 31st December, 2003 respondent No. 3 filed a complaint before the Speaker respondent No. 2 alleging disqualification on the ground that the petitioner has incurred disqualification by voluntarily defecting from 'NCP' and founding/joining the Democratic Dal of Haryana. On 30th April, 2004 Democratic Dal of Haryana is said to have merged with the Indian National Congress in accordance with paragraph 4 of the Tenth Schedule. The petitioner, for a long time, could not be served with the notices issued by the Speaker on the complaint of respondent No.3. The impugned order notices steps that had to be taken for effecting substituted service on the petitioner. Ultimately, he was served on 5th June, 2004. Thereafter, the petitioner has been repeatedly seeking adjournments in proceedings before the Speaker. He, however, filed an interim reply on 16th June, 2004 and sought four weeks' time on the ground that due to summer vacation of the Court, senior advocates were not available. Petitioner has further alleged that he received a telephone call from the Speaker on 24th June, 2004 when the Speaker told him that if he abstains from voting in Rajya Sabha, the disqualification can be avoided. The impugned order disqualifying the petitioner on account of defection was passed on 25th June, 2004 under paragraph 2(1)(a) of the Tenth Schedule.

In view of the aforesaid statements and absence of any explanation, let alone reasonable explanation, except only vague and general pleas and denials by the petitioners in their stand before the Speaker, they cannot be heard to say that they have been deprived of reasonable opportunity or there is violation of rules of natural justice.

The Punjab case is not correctly decided.

The position is almost same in both cases.

Lastly, we will consider the ground of personal malafides. It is alleged that a telephone call was made by the Speaker to the petitioners asking them not to vote in the Rajya Sabha election. The averments made in Writ Petition 287 of 2004 are:

As a result of the aforesaid discussions, we find no merit in the writ petitions. Writ Petition Nos.287/2004 and 290 to 294/2004 are, accordingly, dismissed.