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2021 Supreme(Bom) 20

NITIN JAMDAR, MILIND N.JADHAV
Gopichand Kundalik Padalkar, Member of Legislative Council – Appellant
Versus
State of Maharashtra through the Ministry of Parliamentary Affairs, Mantralaya – Respondent


Advocate Appeared:
For the Petitioner:Milind Sathe, Senior Advocate with Pralhad D. Paranjpe, Manish Kelkar, Advocates.
For the Respondents:A.A. Kumbhakoni, Advocate General with Geeta Shastri, Addl.G.P., Akshay Shinde, Advocate.

JUDGMENT :

NITIN JAMDAR, J.

1. On 23 April 2020 the position of Deputy Chairman of the Maharashtra Legislative Council became vacant. On 8 September 2020 through a motion passed by majority, the Legislative Council chose the Respondent No.4 as its Deputy Chairman. The Petitioner, a member of the Legislative Council, has challenged the same by filing this writ petition under Articles 226 and 227 of the Constitution of India.

2. The State of Maharashtra has two Houses of Legislature: the Legislative Council and the Legislative Assembly. Chapter-III of the Constitution of India deals with the subject of State Legislatures. The composition of the Legislative Council is provided under Article 171. The offices of the Council that is Chairman and the Deputy Chairman of the Legislative Council are provided in Article 182. When these offices become vacant, as soon as may be, the members of the Legislative Council choose two members to be Chairman and Deputy Chairman. The Secretariat of the State Legislature is provided under Article 187. Articles 188 and 189 deal with the conduct of the business. The powers, privileges and immunities of the State Legislatures and their members are enumerated i

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