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1999 Supreme(P&H) 695

H.S.BRAR, V.M.JAIN
Virender Pal, MLA – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. H. S. Mattewal, Sr. Advocate with Mr. Sanjeev Sharma, Advocate.
For the Respondent Nos. 1 and 3:Mr. H.S. Hooda, A.G., Haryana with Mr. Virender Mittal, Advocate.
For the Respondent No. 2: Mr. P.K. Mutneja, Addl. A.G., Haryana.
For the Respondent Nos. 4 and 5:Mr. D.D. Thakur, Sr. Advocate with Mr. Virender Mittal, Advocate.

JUDGMENT

V. M. Jain, J. - The order dated 26.6.1998 Annexure P-11, passed by the Speaker of the Haryana Legislative Assembly is under challenge in this Court by way of present writ petition. Vide the said order dated 26.6.1998 the Speaker had dismissed the two petitions filed by the petitioner under paragraph 6 of the 10th Schedule of the Constitution of India read with Rule 6 of the Haryana Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986 (hereinafter referred to as the Rules) against Charan Dass Shorewala and Vinod Kumar Mariya respondents Nos. 4 and 5 respectively.

2. In the petition under Rule 6 of the rules read with 10th Schedule of the Constitution of India filed by Virender Pal petitioner, against Charan Dass Shorewala respondent No. 4, copy Annexure P-15, it was alleged that petitioner was member of the Haryana Vidhan Sabha belonging to Samata Legislative Party and Charan Dass Shorewala respondent was also elected to the Haryana Vidhan Sabha on the Samata Party symbol and he made declaration to the Speaker informing him that he was a member of the Samata Legislative Party in the Haryana Vidhan Sabha. It was further alleged that in a meet




































































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