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1956 Supreme(Cal) 72

Sinha
Hem Chandra Sen Gupta – Appellant
Versus
Speaker of Legislative Assembly of West Bengal – Respondent


Advocates Appeared:
A.K. Hazra, G.P. Kar, B.C. Roy

Judgment

Sinha, J.

1. THERE are four petitioners in this application. One of them is a sitting member of the West Bengal Legislative Assembly. The other three describe themselves as 'Citizens of West Bengal', by which they undoubtedly mean Citizen of the Indian Union residing in the State of West Bengal. The Union of India and the State of West Bengal have been made party respondents (No. 4 and No. 2). The other respondents are, Dr. Bidhan Chandra Roy, the Chief Minister of West Bengal (No. 3) and the Speaker of the West Bengal Legislative Assembly (No. 1). The prayers in the petition are all embracing. They seek for the issue of a medley of high prerogative writs, including the writs of mandamus, certiorari and quowarranto. They seek to restrain the Chief Minister from functioning or drawing his salary, to injunct the Speaker from presiding over the legislature, and generally to paralyse the administration of the State interalia by stopping recourse to the consolidated fund. At the hearing, however, the scope of the application has been considerably scaled down. By and large, it may be said that the petitioners would rest content if the Chief Minister is restrained from pursuing a n










































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