The Committee on Papers laid on the Table cannot call for documents not already submitted, adhering to the principle of separation of powers in legislative oversight.

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

"a. Issue a writ of Certiorari, quashing the alleged letter bearing No.RCS/KMC-1/2025-26 dated 04.04.2025 issued by 1^st Respondent to 2^nd Respondent as per ANNEXURE - D, b. Pass any other Writ, order, direction, as this Hon'ble Court might deem fit in the facts and circumstances of the case, including the cost of this writ petition, in the interest of justice and equity."

2. The grievance of the petitioner is in that terms of the internal communication at Annexure - D between respondent No.1 - Registrar of Cooperative Societies and respondent No.2 - Joint Registrar of Cooperative Societies dated 04.04.2025, vide email dated 05.04.2025 addressed by Additional Registrar of Cooperative Societies, the petitioner has been called upon to furnish the details mentioned in Annexure - D.

3. The submission of the learned counsel Sri.Rakshith Kumar, appearing for the petitioner is that these documents have been sought for to be considered by the “Committee on papers laid on the table” and as such his further submission is that the said Committee does not have any powers to call upon the Registrar who in turn can call upon the petitioner to furnish any documents to be considered by the Committee on papers.

4. In this regard, he relied upon Rule 291(1) of the Rules of Procedure and Conduct of Business in the Karnataka Legislative Assembly. His submission is that the Committee on Papers is only entitled to examine the papers laid on the Table and to submit a report; it does not have any power to call for any further papers to submit a report.

5. Per contra, the learned AGA submits that the Committee on papers, being of the opinion that certain documents are required, has called upon the Registrar to obtain the said papers, and no fault could be found with the said Committee.

6. Heard Sri.Rakshith Kumar learned counsel for the petitioner and Sri.Yogesh D. Naik, learned Additional Government Advocate for the respondents.

7. The short but important question that would arise for consideration in the present matter is Whether a “Committee on Papers laid on Table” can call for any documents, papers or examine any witness or officer before issuing a report in terms of Rule 291 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly?

8. Rule 290, is reproduced as under for easy reference.

"290.(1) There shall be a Committee on Papers Laid on the Table.

(2) The Committee shall consist of twenty Members, fifteen from the Legislative Assembly nominated by the Speaker and five from the Legislative Council nominated by the Chairman.

* Provided that a Minister shall not be elected as a member of the Committee and that if a member, after his election to the Committee is appointed as Minister shall cease to be a member of the Committee from the date of such appointment.

(3) The Committee shall hold office for a term not exceeding one year."

9. A perusal of Rule 290 indicates that a Committee on papers laid on the Table shall be constituted. The constitution of the said Committee is as mentioned in Rule 290(2). The functions of the Committee are in terms of Rule 291, which is reproduced hereunder for easy reference.

"Functions of the Committee:-

291. (1) The functions of the Committee shall be to examine all papers laid on the Table of the House by Ministers and to report to the House on -

(a) whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been la