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1968 Supreme(P&H) 22

MEHAR SINGH, R.S.NARULA
Rao Birinder Singh – Appellant
Versus
Union Of India – Respondent


Judgment

Mehar Singh, J.

1. In this petition under Articles 226 and 227 of the Constitution the petitioner, Rao Birinder Singh, former Chief Minister of Haryana State, seeks a writ, order or direction quashing the Presidents Proclamation, Hated November 21, 1967, Annexure A, on the ground that it is unconstitutional and illegal.

2. The total number of members of the Haryana Legislative Assembly is 81. In the last General Election held in 1967, the members returned to the Assembly were 48 Congress, 12 Jan Sangh, 3 Swatantra, 2 Republican Party and 16 Independents. So the Congress party had a majority and formed the Government with Mr. Bhagwat Dayal Sharma as the Chief Minister on March 10. 1967. The Congress party suffered a set back on March 17, 1967, when the official Congress nominee for the office of the Speaker was defeated on account of 12 Congress members, including the petitioner, voting against him, and in fact the petitoner was elected the Speaker. So 12 Congress members defected from that party. On March 22, 1967, the Congress Ministry resigned. The petitioner was elected leader of the Haryana Samyukta Dal which mustered strength of 47 members whereupon on March 24, 1967,





























































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