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High Court Of Madhya Pradesh
U. L. BHAT, M. V. TAMASKAR
VIKRAM SINGLYL - Appellant
Versus
RAM BALLABHJI KASAT - Respondents
MISC. PETN. 1346 Of 1994
Decided On : 04/08/1994
RESIGNATION OF ELECTED MEMBER - VOLUNTARINESS - ACCEPTANCE BY SPEAKER - ENQUIRY BY SPEAKER - VALIDITY OF RESIGNATION - MADHYA PRADESH LEGISLATIVE ASSEMBLY - ARTICLE 190(3)(B) OF THE CONSTITUTION OF INDIA - GENERAL CLAUSES ACT, 1897 - SECTION 3(65) AND 3(56).
Fact of the Case:
A petition was filed challenging the resignation of an elected member of the Madhya Pradesh Legislative Assembly, alleging that it was not voluntary, was not accepted by the Speaker in accordance with the law, and that no proper enquiry was conducted by the Speaker before accepting the resignation.
Finding of the Court:
The court held that the resignation was valid and that the Speaker had acted in accordance with the law in accepting it. The court found that the resignation was voluntary, that it was accepted by the Speaker after due enquiry, and that there was no requirement for the Speaker to conduct a formal enquiry in every case.
Issues: 1. Whether the resignation of the elected member was voluntary. 2. Whether the resignation was accepted by the Speaker in accordance with the law. 3. Whether the Speaker was required to conduct an enquiry before accepting the resignation.
Ratio Decidendi: 1. The court held that the resignation was voluntary, as the member had personally tendered the resignation to the Speaker and assured him about its voluntary nature. The court also noted that there was no evidence to suggest that the member had been pressured or coerced into resigning. 2. The court held that the resignation was accepted by the Speaker in accordance with the law, as the Speaker had put his signature on the note sheet in token of acceptance of the resignation. The court also noted that the Deputy Speaker had announced in the House the acceptance of the resignation. 3. The court held that the Speaker was not required to conduct a formal enquiry in every case, as the provision in Article 190(3)(b) of the Constitution of India only empowers the Speaker to make such enquiry as he thinks fit. The court found that the Speaker had made sufficient enquiries in this case by questioning the member about the voluntariness of the resignation.
Final Decision: The petition was dismissed, and the court directed the petitioner to pay costs to the respondents.
( 1 ) AFTER recent elections to the Madhya Pradesh Legislative Assembly, 5th respondent became the Chief Minister. By virtue of Art. 164 (4) of the Constitution of India, if the 5th respondent does not get elected as Member of the State Legislature within a period of six consecutive months, he shall cease to hold office. It is stated that the 5th respondent's brother who was elected to the Legislative Assembly from Raghorarh constituency, resigned, but on account of an election petition filed by the son of a defeated candidate Ramprasad Shivare, the Chief Election Commissioner directed that by election would not be held for that constituency. It is alleged that 5th respondent offered inducement to Shri Ramprasad Shivahare to cause the election petition withdrawn, but without success. Second respondent who was elected to the State Legislature from Chachoda constituency, tendered his resignation on 16-3-1994 on account of pressure and inducement offered by 5th respondent. According to the petitioner, the resignation was not accepted by the Speaker. It is alleged that the resignation was not voluntary or lawful and there was no acceptance in the eye of law. On these averments, petitioner has sought declaration that the resignation was neither voluntary, nor one within the meaning of "resignation" as per Article 190 (3) (b), quashing the declaration made in the Legislative Assembly in regard to the resignation and declaration that the Chachoda Assembly seat is not vacant and the second respondent continues to be the member representing the constituency.
( 2 ) SECOND respondent filed a caveat. He has filed an affidavit and copy of the declaration made by the Speaker and the gazette notification relating to the acceptance of the resignation. Respondents 2 and 3 have sworn to separate affidavits and produced some documents.
( 3 ) WE have heard learned counsel representing the petitioner and respondents 2, 3 and 5. We find it unnecessary to issue notice to respondents 1 and 4.
( 4 ) LEARNED counsel for the petitioner has urged the following contentions in the course of his arguments: (I) The resignation tendered by second respondent is not "resignation" as contemplated by Art. 190 (3) (b) of the Constitution. (ii) The resignation does not conform to the requirements of Art. 190 (3) (b) of the Constitution. (iii) The resignation was not pluntary. (iv) There was no real acceptance of resignation by the Speaker and the purported acceptance by the Deputy Speaker is invalid. (v) No enquiry was made by the Speaker in regard to the voluntariness of the resignation.
( 5 ) LEARNED counsel appearing for the respondents have rebutted the above contentions. Learned counsel for the fifth respondent has also argued on the extent of justiciability of the action of the Speaker.
( 6 ) POINT No. (i) Clauses (1) to (3) of Art. 190 of the Constitution read thus:"190 (1 ). No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other. (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then at the expiration of such period as may be specified in rules made by the President, that person's seat in the Legislatures of all such States shall become vacant unless he has previously resigned his seat in the Legislatures of all but one of the States. (3 ). If a member of a House of the Legislature of a State- (a) become subject to any of the disqualifications mentioned in clasue (1) of Art. 191; or (b) resigns his seat by writng under his hand addressed to the Speaker or the Chairman as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be his seat shall thereupon become vacant; provided th
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