Back
Allahbad High Court
N.U.BEG
Surat Singh Yadav - Appellant
Versus
Sudama Prasad Goswami - Respondent
Decided On : 12/01/1964
WRIT PETITION - Premature - Resignation of a member of the Legislative Assembly - Dispute regarding genuineness or voluntary nature of resignation - Speaker to decide the dispute before taking action under Rule 278(2) or (4) - Interference by Court at this stage would be unwarranted and uncalled for - Writ petition dismissed as premature.
Fact of the Case:
Sri Sudama Prasad Goswami was elected a member of the Vidhan Sabha, Uttar Pradesh, on the Congress ticket in the last general elections held in the year 1962 from 311, Moth Assembly Constituency, District Jhansi. The case of the petitioner in the writ petition is that Shri Sudama Prasad Goswami has resigned his seat in the U.P. Vidhan Sabha. The cause of the resignation of his seat by Opposite Party No. 1 in the Vidhan Sabha, as stated in the writ petition, was the arrest in connection with a dacoity case of one Sri Raghunath Singh who belonged to the Jan Sangh party. The allegation of the petitioner is that the police who had arrested him did not disclose information regarding the circumstances leading to the arrest of the said Raghunath Singh. This was resented by Sri Sudama Prasad Goswami Opposite Party No. 1 who resorted to a fast as a measure of protest against the high-handed action of the Police. The arrest of Sri Raghunath Singh was made on the 6th of October, 1963. at about 7 p.m. Sri Sudama Prasad Goswami started his fast on the morning of the 7th of October, 1963 On the same day a public meeting was held in which, according to the petitioner, Opposite Party No. 1 made an announcement that he had resigned his seat in the Vidhan Sabha, U.P., and sent his letter of resignation to the Speaker, Vidhan Sabha, Uttar Pradesh. The Speaker Vidhan Sabha, Uttar Pradesh, is impleaded as opposite party No. 2 in this writ petition. The version of opposite party No. 1 Sri Sudama Prasad Goswami, however, is that in his speech in the meeting he had not stated that the letter of resignation had been sent by him to the Speaker, Vidhan Sabha, U.P. His announcement in the meeting was that he had sent his letter of resignation to the All India Congress Committee, New Delhi, to be forwarded thereafter to the Proper authority empowered to deal with it in case of their approval. According to Sri Sudama Prasad Goswami, being a member of the Congress party, he felt that he was bound by the rules of discipline to refer the matter to the High Command for approval and the letter was to be sent by the President. All India Congress Committee to the Speaker only it he gave his consent to his proposed resignation.
Finding of the Court:
The Court held that the writ petition was premature and should be dismissed on that ground. The Court further held that it would not be desirable or proper to express any opinion on the merits of the cases of both the parties in regard to their respective versions.
Issues: Whether the writ petition is premature?
Ratio Decidendi: The Court held that the writ petition was premature and should be dismissed on that ground. The Court relied on the provisions of Rule 278 of the Rules of Procedure and Conduct of Business of the U.P. Legislative Assembly, 1958, which deals with the manner of submission of resignation under Article 190(3)(b) of the Constitution of India and the procedure to be followed in respect thereof. The Court held that a dispute has arisen regarding the voluntary nature of the resignation and that the Speaker has to decide the dispute before taking action under Rule 278(2) or (4). The Court further held that interference by the Court at this stage would be unwarranted and uncalled for.
Final Decision: The Court dismissed the writ petition as premature.
ORDER :- This writ petition has been filed by Sri Surat Singh Yadava. Opposite Party No. 1 in this writ petition is Sri Sudama Prasad Goswami. Sri Sudama Prasad Goawami was elected a member of the Vidhan Sabha, Uttar Pradesh, on the Congress ticket in the last general elections held in the year 1962 from 311, Moth Assembly Constituency, District Jhansi. The case of the petitioner in the writ petition is that Shri Sudama Prasad Goswami has resigned his seat in the U.P. Vidhan Sabha. The cause of the resignation of his seat by Opposite Party No. 1 in the Vidhan Sabha, as stated in the writ petition, was the arrest in connection with a dacoity case of one Sri Raghunath Singh who belonged to the Jan Sangh party. The allegation of the petitioner is that the police who had arrested him did not disclose information regarding the circumstances leading to the arrest of the said Raghunath Singh. This was resented by Sri Sudama Prasad Goswami Opposite Party No. 1 who resorted to a fast as a measure of protest against the high-handed action of the Police. The arrest of Sri Raghunath Singh was made on the 6th of October, 1963. at about 7 p.m. Sri Sudama Prasad Goswami started his fast on the morning of the 7th of October, 1963 On the same day a public meeting was held in which, according to the petitioner, Opposite Party No. 1 made an announcement that he had resigned his seat in the Vidhan Sabha, U.P., and sent his letter of resignation to the Speaker, Vidhan Sabha, Uttar Pradesh. The Speaker Vidhan Sabha, Uttar Pradesh, is impleaded as opposite party No. 2 in this writ petition. The version of opposite party No. 1 Sri Sudama Prasad Goswami, however, is that in his speech in the meeting he had not stated that the letter of resignation had been sent by him to the Speaker, Vidhan Sabha, U.P. His announcement in the meeting was that he had sent his letter of resignation to the All India Congress Committee. New Delhi, to be forwarded thereafter to the Proper authority empowered to deal with it in case of their approval. According to Sri Sudama Prasad Goswami, being a member of the Congress party, he felt that he was bound by the rules of discipline to refer the matter to the High Command for approval and the letter was to be sent by the President. All India Congress Committee to the Speaker only it he gave his consent to his proposed resignation.
2. It appears that the news of the fast undertaken by Sri Sudama Prasad Goswami reached Lucknow and Sri Newal Kishore, M.L.A. former Deputy Home Minister, Uttar Pradesh Government, reached Lalitpur on the 8th of October, 1963 He held out an assurance to Sri Sudama Prasad Goswami that an inquiry would be held into the matter leading to the arrest of Sri Raghunath Singh. Opposite party No. 1 was thus persuaded to end his fast in the evening of the 8th of October, 1963, after lapse of about thirty-six hours.
3. The case of the petitioner further is that after ending his fast opposite party No. 1 addressed a Press Conference at Jhansi on the 9th of October, 1963, in which also he stated that he had sent his letter of resignation from the membership of the Vidhan Sabha, U.P. to the opposite party No. 2 He further stated that he felt distressed at the action of the Police and had resorted to fasting for his self-purification. The petitioner has filed copies of a daily newspaper "Jagran" of Jhansi, dated the 10th of October, 1963 (Annexure-2), of Weekly "Vir Arjun", New Delhi, dated the 13th of October, 1963 (Annexure-3), of "Tarun Bharat" dated the 13th of October, 1963 (Annexure-4), and the ''Sunday Standard", New Delhi, dated the 13th October 1963 (Annexure-5) to support of his version. On the other hand, the version of opposite party No. 1 is that in the Press Conference the statement made by him was that he in ended to resign his membership of the U.P. Vidhan Sabha and had forwarded his resignation to the President of the All India Congress Committee, New Delhi. After he had made the above state
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
