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1996 Supreme(SC) 494

SUPREME COURT OF INDIA
CHAND KASERA
VERSUS
State of Bihar and Another
DECIDED ON: February 28, 1996

Repromulgation of ordinances without conversion into an Act renders the ordinances void.

Headnote:

Validity - Bihar Control of Crimes Ordinance, 1978 - The court held that the Ordinance lapsed and was not converted into an Act, making the notices issued under it ineffective.

Fact of the Case:

The appellants challenged the validity of the Bihar Control of Crimes Ordinance, 1978 and sought to quash the notices issued to them.

Finding of the Court:

The court found that since the Ordinance lapsed and was not converted into an Act, the notices issued under it were ineffective. The appeals were disposed of accordingly.

Issues: Validity of the Bihar Control of Crimes Ordinance, 1978 and the notices issued under it.

Ratio Decidendi: The court held that the repromulgation of ordinances without getting them replaced by an Act of the legislature is a violation of constitutional provisions and renders the ordinances void.

Final Decision: The appeals were disposed of accordingly with no costs imposed.

( 1 ) THE appellants herein had questioned the validity of the Bihar Control of Crimes Ordinance, 1978 (hereinafter referred to as "the Ordinance") and had prayed for quashing the notices issued requiring them to show cause why action should not be taken against them in pursuance of Ss. (1 of Section 3 of the Ordinance. The contention urged by the appellants was that the Ordinance was ultra vires the Constitution and consequently the notices issued thereunder by the prescribed authority must be held to be illegal and void. The learned counsel for both the sides have pointed out that the Ordinance in question has since lapsed and has not been converted into an Act. Our attention was also drawn to the decision of this court in D. C. Wadhwa (Dr) v. State of Bihar wherein this court held that repromulgation of ordinances by the governor without getting them replaced by an Act of the legislature is a flagrant violation of the constitutional provisions and hence void. Since the Ordinance in question was not got converted into an Act of the legislature, it lapsed and, therefore, the consequential action taken thereunder must also fall. The notices issued to the appellants under the said Ordinance can, therefore, have no efficacy in law and must be held to have become ineffective. In that view of the matter, these appeals have also become infructuous, since counsel for the State of Bihar informs us that no further action has been taken pursuant to those notices nor does the State propose to do so.

( 2 ) IN the result, these appeals shall stand disposed of accordingly. No costs.

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