Speaker Haryana Vidhan Sabha vs Kuldeep Bishnoi & Ors

4. The other three Special Leave Petitions (now appeals) were filed by the five MLAs, who were prevented from performing their functions as Members of the Assembly by the directions contained in the impugned judgment and order dated 20th December, 2011. While SLP(C)No.55 of 2012 was filed by Narendra Singh and another, SLP(C)Nos.59 of 2012 and 72 of 2012 were filed by Dharam Singh and another and Zile Ram Sharma, being aggrieved by the impugned judgment and order for the same reasons as contained in the Special Leave Petition filed by Narendra Singh and another. The focal point of challenge in all these appeals, therefore, is the orders passed by the Division Bench of the Punjab and Haryana High Court on 20th December, 2011, while disposing of the Letters Patent Appeals preventing the five named MLAs, who are also Appellants before us, from effectively discharging their functions as Members of the Vidhan Sabha.

5. The facts narrated above give rise to the following substantial questions of law of public importance, namely :-

7. The 12th Legislative Assembly Elections in Haryana were held on 13th October, 2009. After the results of the elections were declared on 22nd October, 2009, the Indian National Congress Party, hereinafter referred to as ‘the INC’, emerged as the single largest party having won in 40 out of the 90 seats in the Assembly. Since it was short of an absolute majority, the INC formed the Government in collaboration with seven independents and one MLA from the Bahujan Samaj Party. Subsequently, on 9th November, 2009, four Legislative Members of the Haryana Janhit Congress (BL) Party, hereinafter referred to as ‘the HJC (BL)’, wrote to the Speaker of their intention to merge the HJC (BL) with the INC in terms of the provisions of paragraph 4 of the Tenth Schedule to the Constitution of India. The Speaker was requested to accept the merger and to recognize the applicant legislators as Members of the INC in the Haryana Vidhan Sabha.

8. On hearing the four legislators, namely, Shri Satpal Sangwan, Shri Vinod Bhayana, Shri Narendra Singh and Shri Zile Ram Sharma, who appeared before him, the Speaker by his order dated 9th November, 2009, accepted the merger with immediate effect, purportedly in terms of paragraph 4 of the Tenth Schedule to the Constitution and directed that from the date of his order the said four legislators would be recognized as legislators of the INC in the Haryana Vidhan Sabha. Thereafter, a similar request was made to the Speaker by Shri Dharam Singh, another Member of the Vidhan Sabha elected as a candidate of the HJC (BL) to recognize the merger of the HJC (BL) with the INC and to also recognize him, along with the other four legislators, as Members of the INC in the Haryana Vidhan Sabha. Subsequently, another application was filed by Shri Dharam Singh before the Speaker on 10th November, 2009, requesting him to be recognized as a part of the INC in the Haryana Vidhan Sabha. The Speaker by a separate order dated 10th November, 2009, allowed the said application upon holding that the same was in consonance with paragraph 4(1) of the Tenth Schedule to the Constitution.

10. On receipt of the said petitions, the Speaker on 22nd December, 2009, forwarded copies thereof to the concerned MLAs, asking them to submit their comments within a period of three weeks. On 7th April, 2010, applications were received by the Speaker from the concerned MLAs praying for time to file their written statement. The matter was accordingly adjourned and further time was granted to the concerned MLAs to file their explanation. The Respondent No.1, Shri Kuldeep Bishnoi, however, filed a Writ Petition, being C.W.P. No.14194 of 2010, in the Punjab & Haryana High Court, seeking quashing of the orders passed by the Speaker on 9th and 10th November, 2009, and also for a declaration that the five MLAs in question were disqualified from the membership of the Haryana Vidhan Sabha, and, in the alternative, for a direction on the Speaker to dispose of the disqualification petitions within a period of three months. Notice of motion was issued to the Respondents on 16th August, 2010, directing them to enter appearance and to file their written statements, within three days before the next date of hearing fixed on 1st September, 2010, either in person or through a duly-instructed Advocate.

11. On receipt of notice from the High Court, the Speaker by his order dated 30th August, 2010, adjourned the hearing of the disqualification petitions sine die. On 20th December, 2010, the learned Single Judge of the High Court allowed the Writ Petition and directed the Speaker to finally decide the disqualification petitions pending before him within a period of four months from the date of receipt of the certified copy of the order, which direction has given rise to the question as to whether the High Court in its jurisdiction under Articles 226 and 227 of the Constitution was competent to issue such a direction to the Speaker who was himself a constitutional authority.

14. Thereafter, the disqualification petitions were taken up for hearing by the Speaker on 1st April, 2011, and the case was adjourned till 20th April, 2011, for further arguments. On 20th April, 2011, counsel for the parties were heard and order was reserved on the application under Order 6 Rules 2 and 16 of the Code of Civil Procedure, which had been filed by Shri Dharam Singh. By his order dated 27th April, 2011, the Speaker dismissed the said application filed by Dharam Singh and Shri Kuldeep Bishnoi was directed to file his list of witnesses along with their affidavits within 15 days from the date of the order. It was also mentioned in the order that counsel for the Respondents would be given an opportunity to cross-examine the Writ Petitioner’s witnesses. Thereafter, the Speaker fixed 25th May, 2011, for examination/cross-examination of Shri Kuldeep Bishnoi, MLA, and his witnesses, and on the said date Shri Bishnoi’s evidence was tendered and recorded. However, his cross- examination could not be completed and the next date for further cross- examination of Shri Kuldeep Bishnoi was fixed for 6th June, 2011. In between, on 2nd June, 2011, the matter came up before the Division Bench of the High Court when directions were given for hearing of the petitions at least every week i.e. at least four times in a month. However, on account of the sudden demise of Chaudhary Bhajan Lal, M.P. and former Chief Minister of Haryana, and also the father of Shri Kuldeep Bishnoi, the disqualification petitions were adjourned by the Speaker till 20th June, 2011. On 21st June, 2011, the Speaker fixed all disqualification petitions for hearing on 24th June, 2011 and for further cross-examination of Shri Kuldeep Bishnoi. The cross-examination of Shri Kuldeep Bishnoi was concluded before the Speaker on 7th July, 2011, and 5th August, 2011, was fixed for recording the evidence of the MLAs. On 18th July, 2011, Letters Patent Appeal No.366 of 2011 and other connected matters were listed before the Division Bench of the High Court. The said Appeal was heard on three consecutive days when judgment was reserved.

c) Whether post-merger, those who do not accept the merger are subject to the anti-defection law prescribed in the Tenth Scheudle?

f) Whether in view of Article 212(2) of the Constitution of India, if a Speaker of a State Legislature fails to decide a Petition for disqualification, he would not be subject to the jurisdiction of any Court?

38. During the pendency of the Special Leave Petitions, I.A. Nos.2 and 3 were filed in Special Leave Petition (Civil) No.54 of 2012 by S/Shri Ajay Singh Chautala and Sher Singh Barshami, both MLAs in the Haryana Vidhan Sabha. A further application, being I.A. No.4 of 2012, was filed by one Shri Ashok Kumar Arora, who is also an MLA of the Haryana Vidhan Sabha. The prayer in all the said applications was for leave to intervene in the Special Leave Petition filed by the Speaker of the Haryana Vidhan Sabha. The same were allowed by Order dated 28th February, 2012.

47. The appeal filed by the Speaker, Haryana Vidhan Sabha, against the judgment of the Division Bench of the High Court, is not, therefore, capable of being sustained and the Appeal filed by the Speaker is accordingly dismissed. The other Appeals preferred by the five disqualified MLAs have, therefore, to be allowed to the extent of the directions given by the learned Single Judge and endorsed by the Division Bench that the five MLAs would stand disqualified from effectively functioning as Members of the Haryana Vidhan Sabha till the Speaker decided the petitions regarding their disqualification, within a period of four months.

49. The Speaker shall dispose of the pending applications for disqualification of the five MLAs in question within a period of three months from the date of communication of this order.

50. Having regard to the peculiar facts of the case, the parties shall bear their own costs.