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IN THE HIGH COURT OF DELHI
Rekha Palli, J.
Chirag Paswan - Appellant
Versus
Lok Sabha Secretary - Respondent
W.P.(C) 6352 of 2021
Decided On : 09-07-2021
The court upheld that the substitution of party leadership in the Lok Sabha, supported by a majority of the legislature party, adhered to constitutional provisions, affirming the distinction between 'original political party' and 'legislature party'.
Headnote:(A) Constitution of India - Tenth Schedule - Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985 - Substitution of party leadership - The petitioner challenged the substitution effective from 13.06.2021 post-rebellion within the party. It was determined that due process under the Constitution and parliamentary rules was followed, rendering the impugned circular valid. (Paras 6, 10, 14, 17)
(B) Jurisdiction of Court - The court reiterated its limited scope of intervention in internal party disputes as outlined in the Tenth Schedule, distinguishing between ‘original political party’ and ‘legislature party’. Furthermore, it was resolved that the petitioner’s claims were misinterpreting respective definitions and constitutional provisions (Para 19).
Facts of the case:
The petitioner, a sitting MP and party leader, contested an internal party decision substituting leadership in the Lok Sabha, following a rebellion from other MPs. The leadership change was said to occur without party consent.
Findings of Court:
The court ruled that the leadership substitution adhered to parliamentary procedure as the majority of the legislature party had acted in accordance with the rules.
Issues: The main questions addressed included the legitimacy of leadership change and whether the process violated internal party rules.
Ratio Decidendi: The court upheld that the constitutional definitions allowed for the decision made by a majority of the ‘legislature party’, sanctioning the impugned circular issuance.
Result: Petition dismissed with no order as to costs.
| Table of Content |
|---|
| 1. petition seeks writ to challenge party leadership change. (Para 3) |
| 2. background on petitioner's party leadership and grievance. (Para 4 , 5) |
| 3. petitioner argues against leadership substitution. (Para 6 , 7 , 8) |
| 4. respondents argue validity of leadership change under law. (Para 9 , 10 , 11) |
| 5. court analyzes distinction between political party and legislature party. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. court cites precedent on party membership continuity. (Para 18 , 19) |
| 7. court dismisses petition based on absence of merit. (Para 20 , 21) |
JUDGMENT
Rekha Palli, J. (Oral)
CM APPL.20002-03/2021 (Exemptions)
1. Exemptions allowed, subject to all just exceptions and with the condition that the petitioner shall file the duly attested affidavit(s) within two weeks of resumption of regular functioning of the Court.
2. The applications stand disposed of.
W.P.(C) 6352/2021 & CM APPL. 20001/2021 (stay)
3. The present petition seeks the following reliefs:
"I. Issue Writ of Mandamus or any other appropriate writ/s directing/setting aside circular dt. 14/06/2021 particularly column no. 3 of S.No.11 showing the name of the respondent no.3 as leader of petitioner no.2 in Lok Sabha and respondent no, 1 be further directed to issue corrigendum by showing the name of the petitioner no.1 as leader of Petitioner no.2 in lok sabha.
II. To pass any other order or orders, relief/relief which may deem fit and proper in the facts & circumstances of the case and in the interest of justice.
III. To allow the cost of the writ petition."
4. The petitioner no.1 is the incumbent Member of Parliament (MP) for the Lok Sabha constituency of Jamui, Bihar and is also a member of petitioner no.2, a political party named Lok Janshakti party, which was registered with the Election Commission of India on 31.01.2001 and allotted the symbol of `Bungalow' in the year 2005. It is the petitioner's case that he was unanimously appointed as the National President of petitioner no.2 for a period of 5 years w.e.f. 05.11.2019 in accordance with the constitution of the petitioner no.2 party, which fact was duly communicated to the respondent no.2/the Election Commission of India on 09.11.2019. Other than petitioner no.1, the current and 17th Lok Sabha has five other MPs from the petitioner no.2 political party-all of whom have been arrayed as respondent nos. 3 to 7 in the instant petition. The primary grievance of the petitioners is in respect of the decision contained in the Circular dated 14.06.2021 issued by the respondent no.2/Lok Sabha Secretariat which announced that the party position in the 17th Lok Sabha stood revised w.e.f. 13.06.2021 and that respondent no.3/Mr Pashupati Kumar Paras, the incumbent MP from the Lok Sabha constituency of Hajipur, Bihar was substituted as the party leader of the petitioner no.2 party in the 17th Lok Sabha, in place of petitioner no.1.
5. By way of this writ, the petitioners claim that the substitution of party leadership of petitioner no.2 party in the Lok Sabha was made by the respondent no.1 on 14.06.2021 at the sole behest of five errant MPs of the petitioner no. 2 party, being respondent nos. 3 to 7, without directly conferring with the petitioner no.2 at all. The petitioner no.1 also claims that the rebelling MPs were then removed from the petitioner no.2 party by its National Executive w.e.f. 15.06.2021, and no longer represented the party in the Lok Sabha. The petitioner no.1 is aggrieved that his substitution as the party Leader of the petitioner no.2 party in the 17th Lok Sabha was effected by the Hon'ble Speaker without even formally confirming whether such substitution had been carried out by the party.
6. Mr. Bajpai, learned counsel for the petitioner submits that even though the petitioner no.1 was the recognized National President of the petitioner no.2 party and its Party Leader in the Lok Sabha, on 14.06.2021, the respondent no. 1 proceeded to act at the behest of five errant MPs of the petitione
