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1997 Supreme(P&H) 923

K.SREEDHARAN, T.H.B.CHALAPATHI, N.K.SODHI
Madan Mohan Mittal – Appellant
Versus
Speaker, Punjab Vidhan Sabha – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P. Jain, Sr. Advocate with Mr. Rajesh Gumber, Advocate.
For the Respondent Nos. 1, 2 & 5: Mr. G.S. Dhillon, Addl. A.G., Punjab.
For the Respondent Nos. 3 & 4:Mr. Ashok Aggarwal, Sr. Advocate with Mr. Rajinder Goyal, Advocate.

JUDGMENT

T.H.B. Chalapathi, J. - Challenging the order passed by the Deputy Speaker, Punjab Legislative Assembly dated 6th July, 1993 whereby the Deputy Speaker declined to declare the respondents 3 and 4 as disqualified under paragraph 2 of the 10th Schedule of the Constitution of India, the petitioner filed this writ petition. The writ petition was referred to a Full Bench to be heard along with Civil Writ Petition No. 6662 of 1992 by an order of the Division Bench dated 28.2.1994. As the facts are not similar we propose to deal with this matter separately.

2. General elections to Punjab Legislative Assembly were held in February, 1992. The respondents 3 and 4 were set up as candidates by Bharatiya Janata Party for the Assembly Constituencies Anandpur Sahib and Sirhind respectively. Both of them got elected to the Legislative Assembly. Four other members set up by the Bharatiya Janata Party also got elected to the Punjab Legislative Assembly. According to the petitioner who was a member of the Legislative Assembly and leader of the Bharatiya Janata Party Legislature party the then Chief Minister Beant Singh in order to win over as many MLAs as possible from the opposition side com





























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