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M. S. RAMACHANDRA RAO, JYOTSNA REWAL DUA
Hoshyar Singh Chambyal – Appellant
Versus
Hon’ble Speaker, H. P. Legislative Assembly – Respondent
1. I have had the privilege of going through the well written judgment authored by Hon’ble the Chief Justice. However, having some difference of opinion, I have separately penned down my judgment in the case.
INDEX | |
S. No. | Particulars |
1. | The Case |
2. | Admitted Facts |
3. | Legal Provisions |
4. | Gist of Factual Submissions: |
of petitioners | |
of respondents | |
5. | Legal Submissions |
of petitioners | |
of respondents | |
6. | Consideration |
(i) | Maintainability of writ petition Exercise of jurisdiction under Article 226 of the Constitution of India at pre-decisional stage in matter relating to decision upon resignation of Member of the Legislative Assembly. |
(ii) | Inquiry being conducted by the Speaker on petitioners' resignation. |
7. | Result |
The case:
Petitioners are Independent Members of the Legislative Assembly of the State of Himachal Pradesh. Their simple projected case is that ‘voluntary’ and ‘genuine’ resignations were tendered by them by hand on 22.03.2024 to the Speaker of the House. This was followed by written reminders requesting the Speaker to accept the same. The resignations so tendered were in conformity with the provisions of the Constitution of India and Rules of Procedure & Conduct of Business of the Legislative Assembly
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