Kuldeep Bishnoi s/o Late Ch. Bhajan Lal vs Speaker, Haryana Vidhan Sabha, Chandigarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(P&H) 962

K.KANNAN
Kuldeep Bishnoi s/o Late Ch. Bhajan Lal – Appellant
Versus
Speaker, Haryana Vidhan Sabha, Chandigarh – Respondent

Advocates:
Advocate Appeared
Mr. S.P. Jain, Senior Advocate with Mr. Dheeraj Jain, Advocate for the petitioner.
Mr. Sanjeev Sharma, Senior Advocate with Mr. Shekhar Verma, Advocate and Ms. Bhavna Joshi, Advocate for respondent Nos.1 and 8.
Mr. M.L. Sarin, Senior Advocate with Ms. Ankita Sambyal, Advocate and Mr. Nitin Sarin, Advocate for respondent No.4.
Mr. R.S. Cheema, Senior Advocate with Mr. Pawan Girdhar, Advocate for respondent No.2.
Mr. Rajiv Atma Ram, Senior Advocate with Mr. Abhishek Arora, Advocate for respondent No.3.
Mr. Harbhagwan Singh, Senior Advocate and Mr. Arun Walia, Senior Advocate with Mr. Dinesh Sharma, Advocate for respondent Nos.5 and 7.
Mr. Tarun Veer Vashist, Advocate for respondent No.6.
Mr. Namit Kumar, Advocate for respondent No.9.

JUDGMENT

K. KANNAN J.

I. The subject of challenge

1. The writ petition calls to question the correctness of the decision of the Speaker of the Haryana Vidhan Sabha rendered on 13.01.2013 rejecting an application moved by the petitioner Kuldeep Bishnoi under Paragraph 6 of Tenth Schedule to the Constitution on the issue of disqualification of 5 of the members of the Haryana Janhit Congress (BL) (for brief “HJC (BL)). This came on a petition filed by the petitioner following an order issued by the Speaker on 09.11.2009 signed by 4 MLAs of HJC (BL) namely Satpal Sangwan, Vinod Bhayana, Narendra Singh and Zile Ram Chochra respectively respondent Nos.3 to 6. The communication signed by them was to the effect that a decision had been taken to merge the HJC (BL) with Indian National Congress (for brief “INC”) party in terms of the provisions of Paragraph 4 of the Tenth Schedule of the Constitution. The letter requested the acceptance of the merger of HJC (BL) with INC and to recognize the applicant-legislators as members of the INC in the Haryana Vidhan Sabha. The minutes of the meeting of the HJC (BL) on 09.11.2009 accompanying the letter was to the effect that at a meeting of the Legisl

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2014 Supreme(P&H) 962

K.KANNANKuldeep Bishnoi s/o Late Ch. Bhajan Lal – AppellantVersusSpeaker, Haryana Vidhan Sabha, Chandigarh – Respondent

K.KANNAN
Kuldeep Bishnoi s/o Late Ch. Bhajan Lal – Appellant
Versus
Speaker, Haryana Vidhan Sabha, Chandigarh – Respondent