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1953 Supreme(All) 126

SAPRU, MUKERJI
Raj Narain Singh – Appellant
Versus
Atmaram Govind – Respondent


Advocates:
Iqbal Ahmad, H.N. Misra, H.K. Ghose, Bishun Singh, Dakar Singh, Khuswaqt Rai and Jagdish Gopal Mathur, for Applicant; K.L. Misra, Advocate-General, B.K. Dhaon and Sachita Nand Sahai, for Opposite Party Nos. 1 and 2.

Judgement

SAPRU, J. :- This is an application under Article 226 of the Constitution. The applicant, Shri Raj Narain Singh, is a member of the U.P. Legislative Assembly having been returned on the Praja Socialist Party ticket which is the main opposition party in the Legislative Assembly. He has the distinction of being the parliamentary leader of that party and, as such, is the leader of the opposition. The opposite parties to this application are the Speaker of the Assembly, Shri A.G. Kher, and the Secretary, Shri Kailash Chandra Bhatnagar. The reliefs sought by the applicant are that this Court may be pleased (a) to declare that the resolution of the U.P. Legislative Assembly dated the 30th March 1953 is void on the ground of inconsistency with the provisions of part III of the Constitution, (b) to call for the records of the U.P. Legislative Assembly proceedings dated the 30th March 1953, the proceedings of the privileges Committee dated the 7th, 17th, 25th and the 26th March 1953 and quash the resolution dated the 30th March 1953, (c) to issue a suitable order, writ or direction asking the opposite parties to expunge the above-mentioned resolution of the said Assembly dated the
















































































































































































































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