Court cannot scrutinized the procedure adopted by Legislature.

M. N. CHANDURKAR (C J)

This is an appeal by the petitioner whose petition under Art. 226 of the Constitution. in which he had asked for a Writ of Mandamus forbearing the Speaker of the Tamil Nadu Legislative Assembly from proceeding any further with the Notice No. 45 dt. 1st July 1985 against the petitioner, has been dismissed by the learned single Judge.

2. The petitioner is the Editor of a Tamil monthly magazine 'Vaniga Ottrumai'. He had published an article in the Feb. 1983 issue of the said magazine criticising vehemently the members of the Legislature. The Privileges Committee of the Seventh Tamil Nadu Legislative Assembly called upon the petitioner on 29-11-1983 to give an explanation for the said writing in the Feb.1983 issue of his magazine. The petitioner appeared before the Privileges Committee and owned full responsibility for what he had written in his magazine. On 28-3-1984, the Privileges Committee recommended that the petitioner should be punished by awarding a sentence of simple imprisonment for one week.

3. The petitioner had filed W.P. No.4301 of 1984, for quashing the said recommendation. That petition was however dismissed as premature. Before any final action was taken on the report of the Privileges Committee, the seventh Tamil Nadu Legislative Assembly was dissolved on 15-11-1984. Elections to the State Legislative Assembly took place in Dec. 1984 and in due course the Eighth Tamil Nadu Legislative Assembly was constituted.

4. The Eighth Legislative Assembly, in its proceedings No.45 dt. 1st July 1985, unanimously resolved that the petitioner be arrested and be detained in Central Jail for two weeks for his writings in the journal 'Vaniga Ottrumai'. Para 4 of this resolution, which is in Tamil, was got translated by the official Translator in the High Court. That resolution reads as follows :-

"The Honourable Leader of the House moved the Resolution that the report of the Privileges Committee of the Seventh Legislative Assembly on the matter relating to the breach of privileges of the Assembly by the monthly magazine 'Vaniga Ottrumai' given to the 7th Legislative Assembly on 28-3-1984, may be taken up for consideration.

The Resolution was left to the decision of the Assembly and was passed.

2, The Honourable Leader of the Assembly moved a Resolution that after accepting the Report of the Privileges Committee of the Seventh Legislative Assembly, on the matter relating to the breach of the privileges of the Assembly by the monthly magazine 'Vaniga Ottrumai' which was given to the Seventh Legislative Assembly on 28-3-1984, the Assembly decides that the Editor and Publisher Thiru Paulraj should be arrested and detained in the Central Prison in Madras to undergo simple imprisonment for two weeks for breach of privileges of the House.

Thiru A. Rahman Khan, Member, moved his amendment and spoke on it. The Honourable Leader of the Assembly explained on the subject. It was deemed that Thiru A. Rahman Khan's amendment had been withdrawn with the permission of the House. The Resolution was left to the decision of the Assembly and was passed unanimously." *

5. This Resolution shows that the Leader of the House moved a resolution that the report of the Privileges Committee of the Seventh Legislative Assembly which was presented to that Assembly on 28-3-1984, may be taken up for consideration. After this resolution was passed, the Legislative Assembly accepted the report of the Privileges Committee and decided that the petitioner who is the editor and publisher of the magazine 'Vaniga Ottrumai' should be arrested and detained in the Central Prison in Madras to undergo simple imprisonment for two weeks for breach of privilege of the House. A resolution to this effect was unanimously passed.

6. The petitioner then filed the writ petition out of which this appeal arises. When the matter was heard for admission before the learned single Judge, the contention raised on behalf of the petitioner was that as a result of th