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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NITIN JAMDAR, MILIND N. JADHAV, JJ.
Gopichand Kundalik Padalkar, Member of Legislative Council - Appellant
Versus
The State of Maharashtra through the Ministry of Parliamentary Affairs, Mantralaya & Others - Respondent
Writ Petition (L) No. 4486 of 2020
Decided On : 07-01-2021
Election - Deputy Chairman of Maharashtra Legislative Council - Article 171, Article 182, Maharashtra Legislative Council Rules of 2009 - The court discussed the relevant Constitutional provisions and Rules for the election of Deputy Chairman of the Legislative Council in Maharashtra. It highlighted the powers, privileges, and immunities of the State Legislatures and their members enumerated in Article 194, and the rule-making power by the Legislative Council under Article 208. The court emphasized the procedure for the election of the Deputy Chairman under Rule 7 and the suspension of rules under Rule 289. The court also considered the impact of the COVID-19 Pandemic on the election process.
Fact of the Case:
The position of Deputy Chairman of the Maharashtra Legislative Council became vacant on 23 April 2020. The Legislative Council chose the Respondent No.4 as its Deputy Chairman on 8 September 2020. The Petitioner, a member of the Legislative Council, challenged the election through a writ petition under Articles 226 and 227 of the Constitution of India. The Petitioner contended that the election process violated his constitutional right under Article 182 to participate in the election.
Finding of the Court:
The court found that the Petitioner's absence from the election proceedings was due to the general directive issued on 4 September 2020, which mandated that only members certified as COVID-19 Negative could attend the Session. The court held that the Petitioner's right under Article 182 was not violated due to the general directive issued in the interest of health and safety. The court also noted that the election process, though procedurally irregular, did not exhibit gross illegality or unconstitutionality. The court dismissed the writ petition, emphasizing the limited scope of judicial review in matters concerning the internal functioning of the State Legislature.
Issues: The primary issue was whether the election of the Deputy Chairman of the Maharashtra Legislative Council violated the Petitioner's constitutional right under Article 182. The court also considered the impact of the COVID-19 Pandemic on the election process and the procedural irregularities in the election proceedings.
Ratio Decidendi: The court held that the Petitioner's absence from the election proceedings was due to a general directive issued in the interest of health and safety, and not due to the actions of the Respondents. The court also emphasized the limited scope of judicial review in matters concerning the internal functioning of the State Legislature. The court found that the election process, though procedurally irregular, did not exhibit gross illegality or unconstitutionality.
Final Decision: The court dismissed the writ petition, ruling that the election of the Deputy Chairman of the Maharashtra Legislative Council did not violate the Petitioner's constitutional right under Article 182. The court emphasized the limited scope of judicial review in matters concerning the internal functioning of the State Legislature.
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 in Article 194. Article 208 envisages rule-making power by the Legislative Council.
3. Maharashtra State Legislature has framed rules for conducting its business called the Maharashtra Legislative Council Rules of 2009. Part I of the Rules deals with the meetings of the Legislative Council. Rule 4 specifies at what time the meetings have to be held. Part II deals with officers of the Council. Rule 7 of the Rules of 2009 states that the procedure for the Deputy Chairman's election shall be the same as for the Chairman as specified under Rule 6. When the Deputy Chairman's office is vacant or about to fall vacant, the Chairman shall fix a date for holding of the Deputy Chairman's election, and the Secretary shall send to every member notice of the date so fixed. Under Rule 6(2) at any time before noon on the day preceding the date so fixed, any member may give notice in writing addressed to the Secretary, of a motion that another member be chosen as the Deputy Chairman. It has to be seconded by a third member and accompanied by a statement by the member whose name is proposed. The motion is put to the vote. If the motion is carried, later motions are not called. The proviso to this Rule specifies that a member is not permitted to propose his name or second the motion proposing his name or propose or second more than one motion. Rule 19 contemplates a notice to be given to the members. Notice is to be sent to members at the registered address. When the Council is in Session and three days before the commencement of a Session, such notice shall be deemed to have been dispatched to each member if it is deposited in such place at the Council building as appointed by the Chairman. Under Rule 289, any member can move a motion that any rule may be suspended in its application to a particular motion before the Council and if the motion is carried, the rule in question shall be suspended for the time being. These are, in short, the relevant Constitutional provisions and the Rules for the election of Deputy Chairman of the Legislative Council in Maharashtra.
4. In March 2020, the World Health Organization declared the coronavirus disease- COVID-19 as a Pandemic. The COVID-19 severely disrupted daily activities. Fearing community transmission, a lock-down was ordered in Mumbai City, which continued. During this period, on 23 April 2020, the post of Deputy Chairman of the Maharashtra Legislative Council became vacant. By July-August 2020, the State Government had brought in measures to check the escalation of the Pandemic.
5. On 25 August 2020, a meeting of the Business Advisory Committee of the Council was held to fix the date for holding the Legislative Council’s Monsoon Session in the backdrop of COVID-19 Pandemic. It was decided that the Session will be for two day
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