Sardar Prakash Singh Badal & Ors. Vs. Union of India & Ors.
EmailAppeal: CWP Nos. 3065, 3263 & 3435 of 1986.
Petitioner: Sardar Prakash Singh Badal & Ors.
Respondent: Union of India & Ors.
Apeal: CWP Nos. 3065, 3263 & 3435 of 1986.
Judges: SABYASACHI MUKHERJI, RANGANATH MISRA & B.C. RAY, JJ.
Date of Judgment: May 07, 1987
Appearances:
M/s. Shanti Bhushan, K.K. Venugopal Senior Advocates, M/s. Hardev Singh Mattewal, Ms. Bhuvneshwari Kumari, Mr. Prashant Bhushan, Mr. Madan Lokur, Advocates for the Petitioners.
Mr. K. Parasaran Attorney General, Mr. M.K. Banerjee, Mr. Soli J. Sorabji, Senior Advocate, M/s.Mr.D.D.Thakur, Mr. G.S.Grewal, Mr.Manjit Singh and Mr.R.S.Sodhi, Advocates for the Respondents.
Head Note:
ANTI-DEFECTION LAW:
Constitution of India, 1950; 52nd Amendment, Clause 6(2) of the Tenth Schedule – Challenge to the Speakers order disqualifying a group of MLAs from the membership of the Punjab Assembly – Con-stitutional validity of the Anti-Defection Law – High Court by 3:2 majority upheld the validity of Anti-Defection Law – Matter, being important and urgent, referred to a Constitution Bench – Disqualified MLAs allowed to cast their votes in the Presidential poll if it takes place before the hearing.
Constitution of India, 1950; 52nd Amendment, Clause 6(2) of the Tenth Schedule – Challenge to the Speakers order disqualifying a group of MLAs from the membership of the Punjab Assembly – Con-stitutional validity of the Anti-Defection Law – High Court by 3:2 majority upheld the validity of Anti-Defection Law – Matter, being important and urgent, referred to a Constitution Bench – Disqualified MLAs allowed to cast their votes in the Presidential poll if it takes place before the hearing.
JUDGEMENT:
O R D E R
1. Special Leave granted. This is a matter of importance and we are of the opinion that the matter should be heard by a Constitution Bench. We report accordingly. We are also satisfied that this is an urgent matter, therefore parties will be at liberty to ask for a Constitution Bench as early as possible and mention before the learned Chief Justice of India. Let this matter appear on the 14th July, 1987 before the Chief Justice of India for such directions as learned Chief Justice may Consider fit and necessary.
2. So far as the interim order prayed in this application is concerned, the only aspect is the order of the Speaker dated 1st May, 1987 notified on the 4th May, 1987 in the official Gazette. We are not passing any order restraining the operation of the said order of the Speaker of that date except to the extent that Member of Punjab Assembly, who have been disqualified, if any Presidential Poll takes place before hearing of this matter, will be entitled to participate in the Presidential Poll and cast their votes and will exercise their rights of the Members, as if they have not been disqualified as Members of the Punjab Assem-bly. Save to the above, no other part of the order of the High Court is stayed. If the petitioners so exercise their rights of voting pursuant to the above, then their votes may be separately marked and after counting kept separately until final disposal of the matter and appropriate directions be taken at the time of hearing of this matter. No other interim order. If the Government files a Special Leave Petition, the same should come up for hearing with the above matter.
1. Special Leave granted. This is a matter of importance and we are of the opinion that the matter should be heard by a Constitution Bench. We report accordingly. We are also satisfied that this is an urgent matter, therefore parties will be at liberty to ask for a Constitution Bench as early as possible and mention before the learned Chief Justice of India. Let this matter appear on the 14th July, 1987 before the Chief Justice of India for such directions as learned Chief Justice may Consider fit and necessary.
2. So far as the interim order prayed in this application is concerned, the only aspect is the order of the Speaker dated 1st May, 1987 notified on the 4th May, 1987 in the official Gazette. We are not passing any order restraining the operation of the said order of the Speaker of that date except to the extent that Member of Punjab Assembly, who have been disqualified, if any Presidential Poll takes place before hearing of this matter, will be entitled to participate in the Presidential Poll and cast their votes and will exercise their rights of the Members, as if they have not been disqualified as Members of the Punjab Assem-bly. Save to the above, no other part of the order of the High Court is stayed. If the petitioners so exercise their rights of voting pursuant to the above, then their votes may be separately marked and after counting kept separately until final disposal of the matter and appropriate directions be taken at the time of hearing of this matter. No other interim order. If the Government files a Special Leave Petition, the same should come up for hearing with the above matter.
