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2022 Supreme(SC) 1704
SUPREME COURT OF INDIA
M.R. Shah, M.M. Sundresh, JJ.
Chandan Kumar – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 772 of 2022
Decided On : 07-11-2022
Chandan Kumar, Petitioner-in-person, Mr. Vimal Johnson Kerketta, Advocate, Saloni Sharan, Advocate, Mr. Kumar Rajeev, Advocate, Mr. Dharmsheela, Advocate, Ms. Kumudini Priyadarshini, Advocate, For the Appellant.
Post-alliance subject to certain conditions is permissible under the anti-defection law and the 10th Schedule of the Constitution of India.
Headnote:
Quo-Warranto - Chief Minister Appointment - The court dismissed the petition seeking the removal of the Chief Minister of Bihar, stating that post-alliance subject to certain conditions is permissible under the anti-defection law and the 10th Schedule of the Constitution of India.
Fact of the Case:
The petitioner sought the removal of the Chief Minister of Bihar, alleging violation of the Constitution of India and fraud on the electorate due to post-poll alliance.
Finding of the Court:
The court found that post-alliance subject to certain conditions is permissible under the anti-defection law and the 10th Schedule of the Constitution of India, and therefore dismissed the petition.
Issues: Alleged violation of the Constitution of India and fraud on the electorate due to post-poll alliance.
Ratio Decidendi: The court relied on the provisions of the anti-defection law and the 10th Schedule of the Constitution of India to conclude that the petition lacked substance and deserved to be dismissed.
Final Decision: The petition seeking the removal of the Chief Minister of Bihar was dismissed by the court.
ORDER
1. Permission to appear and argue in person is granted.
2. We have heard the petitioner appearing in person.
3. By way of this petition, under Article 32 of the Constitution of India, the petitioner has prayed for the following relief(s):
a) Issuance of a writ of quo-warranto against Respondent No.3 who has been appointed/reappointed Chief Minister of Bihar on 10.08.2022 and remove him from the office of Chief Minister as the same is in complete violation of different provisions of Constitution of India;
b) Declare that post-poll alliance or coalition by Respondent No.3 and his political party JD(U) with Mahagathbandhan is fraud on the electorate;
c) Pass such direction to the political parties who are indulging in horse-trading and corrupt practices due to which the citizens are denied of stable governments;
d) Kindly direct the Parliament to make proper legislation so that pre-poll alliance are not disintegrated by the money and power hungry leaders who completely alienate their party's political program in order to meet their personal goals.
e) Kindly direct the Parliament to amend Schedule-X of the Constitution of India in order to address the defection by the pre-poll alliance parties.
f) Pass such other or further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case'
4. However, it is required to be noted that under the provisions of the anti-defection law and even the 10th Schedule, post-alliance subject to certain conditions is permissible.
5. Hence, there is no substance in the present writ petition which deserves to be dismissed and is, accordingly, dismissed.
