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2018 Supreme(Kar) 268
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. VEERAPPA, S. SUNIL DUTT YADAV, JJ.
Sri B.Z. Zameer Ahmed Khan, S/o Late Ziaulla Khan & Ors. – Appellants
Vs.
The State of Karnataka & Ors. – Respondents
Writ Appeal No.1319 of 2018 C/W Writ Appeal Nos.1342-1343, 1344-1345 of 2018, (Gm-Res), In Wa No. 1319 of 2018
Decided On : 07-05-2018
For the Appellant :Sri. Prof. Ravivarma Kumar, Senior Counsel For Sri. M.R. Rajagopal, Advocate
For the Respondent:Sri. Madhusudhan R. Naik, Advocate General A/W Sri. S.S. Mahendra, AGA And Sri. Jayakumar S, Patil, Senior Counsel For Sri. Ashok N Nayak, Advocate, Sri. Uday Holla, Senior Counsel, Sri. Usman P. Advocate And Smt. Anuparna Bordoloi, Advocate
Headnote:CONSTITUTION OF INDIA - Article 226 - Judicial review - Disqualification of members of Legislative Assembly on ground of defection - Mere reminding Speaker to take decision on disqualification petition by Court does not amount to exercise of power of judicial review.
CONSTITUTION OF INDIA - Schedule 10, Paras 2(1)(a), 6 , Arts. 102(2), 191(2), 226 - Judicial review of order of Speaker of Legislative Assembly - Disqualification of MLAs on ground of defection - Nature and functions of Speaker under Paras 2(1)(a) and 6 are quasi-judicial in nature - Any order passed by Speaker in that capacity is subject to judicial review.
CONSTITUTION OF INDIA - Schedule 10, Paras 2(1)(a), 6, 8(1), Arts. 102(2), 191(2), 226 & Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986, Rule 6(2) - Disqualification of Member of Legislative Assembly (MLAs) - Ground that MLAs voting against motion proposed by President of party - When disqualification petition was pending before Speaker, MLAs violated whip and voted to another political party - Speaker not disclosing grounds for not taking decision in timely manner and failing to discharge contractual obligations - Order of single Judge of High Court directing Speaker to decide disqualification petition at earliest in exercise of Power under Article 226, held, proper.
B. VEERAPPA, J.
These intra-Court appeals are filed by respondent Nos.1 to 10 in W.P.Nos.12338-12339/2018 against the order dated 24.04.2018 passed by the learned single Judge allowing the writ petitions in part and directing the 3rd respondent/Hon’ble Speaker of Karnataka Legislative Assembly, to decide the disqualification petition filed by the petitioners, on or before 07.05.2018.
2. The parties are referred to as per their ranking in the writ petitions, to avoid confusion.
3. The original petitioners filed writ petitions for a writ of quo-warranto to respondents 4 to 10 to demit their office as members of 14th Karnataka Legislative Assembly, forthwith, and for a writ of mandamus directing the 3rd respondent, to disqualify respondent Nos.4 to 10 as members of Karnataka Legislative Assembly, with immediate effect,
or
in the alternative,
to issue a writ of mandamus directing the 3rd respondent, Hon’ble Speaker of Karnataka Legislative Assembly to dispose of disqualification petition No.1 of 2016 pending before him, on or before 23.03.2018.
I THE FACTUAL MATRIX OF THE CASE
4. It is the case of the petitioners before the learned single Judge that they are the elected members of the Karnataka Legislative Assembly on the tickets issued by the political party-Janatha Dal (Secular) [hereinafter called as JD(S)], from Shravanabelagola Assembly Constituency- No.193, Mudigere (SC) Assembly Constituency-No.124 of 14th Karnataka Legislative Assembly elections held in the year 2013. It was further contended that a free and fair governance as envisaged under the Constitution of India is utmost necessary for survival of the democracy in the country. The legislature is most important pillar of democracy in the Country and it goes without saying that, the members of the Parliament and Legislative Assembly are required to maintain serenity, transparency and corruption free conduct so as to inspire the people of the country, especially the younger generation.
5. It was further contended that respondent Nos.4 to 10 got elected to the Karnataka Legislative Assembly in the elections held in the year 2013 and took as members of the Karnataka Legislative Assembly from JD(S) party. Four members of Rajya Sabha were retiring on 30.06.2016, elected from the State of Karnataka. Therefore, calendar of events for election to Rajya Sabha came to be issued by the Election Commission of India on 12.05.2016 fixing the date before which the elections shall be completed, as on 13.06.2016. In view of the same, on 06.06.2016, Sri H.D. Kumaraswamy, President of Karnataka JD (S) party issued whip to all the members of the Legislative Assembly of Karnataka belonging to his party and directed them to vote for the official candidate of JD (S) viz., Sri B.M. Farooq and said whip was pasted on the rooms of respondent Nos.4 to 10 at the legislature home at Bengaluru and sufficient notice was given to them of the direction issued by the President of JD (S) party to cast their vote to their official candidate and they were made known the process known to law and press note. It was further alleged that, unlike the public elections where secret ballot is practiced, the proceedings to Rajya Sabha elections are designed in such a manner that the voter must disclose in whose favour he has cast his vote to the party agent/representative. The said procedure was adopted to ensure that the whip issued by the party is not violated by a party member.
6. It was further contended that respondents 4 to 10 have marked their ballot papers for K.C. Ramamurthy, official candidate of the Indian National Congress. It was also reported that a political party agent of J.D.(S) party has seen marking ballot paper of respondents 4 to 10 which was apparently in violation of the whip issued by President of J.D.(S) party. The action on the part of respondents 4 to 10 makes them liable to be disqualified on account of their disobeying and committing violation of whip issued by the President of J.D.(S)
