B. J. DIVAN, P. N. BHAGWATI, J.

( 1 ) THIS petition raises issues of great constitutional importance. Though various reliefs are claimed in the petition the main question which arises for consideration in the petition is whether a certain Resolution passed by the Legislative Assembly of the Gujarat State by a majority of members present and voting for adjournment of the Assembly sine die is void as being outside the power of the Assembly. The facts giving rise to the petition are few and undisputed and they may be gathered from the transcript of the proceedings of the House produced before us by the Assembly at the time of the admission of the petition.

( 2 ) THE petitioners are Members of the Gujarat Legislative Assembly belonging to the opposition. The present ruling party in the Assembly is Congress (Organisation ). The Assembly was summoned by the Governor to meet on 18th February 1970 in exercise of his power under Article 174 of the Constitution and according to the schedule fixed by the Speaker the Assembly Session was to continue upto 8th April 1970. The Government business was first taken up by the Assembly and it occupied the time of the House from 18th February 1970 to 28

Click Here to Read the rest of this document