Jharkhand High Court
Babulal Marandi vs The Tribunal Of The Speaker on 28 September, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4363 of 2022
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Babulal Marandi ... ... Petitioner
Versus
The Tribunal of the Speaker, Jharkhand Vidhan Sabha constituted under
Tenth Schedule of the Indian Constitution & Anr.
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. V.P. Singh, Sr. Advocate
Mr. Vinod Kumar Sahu, Advocate
Mr. Abhay Kumar Mishra, Advocate
For the Resp. No. 1 : Mr. Sanjay R. Hegde, Sr. Advocate
Mr. Kumar Anurag Singh, Advocate
Mr. Mohammad Shahrukh Ali, Advocate
Mr. Anil Kumar, Advocate
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Order No. 05 Dated: 28.09.2022
Mr. Sanjay R. Hegde, learned senior counsel for the respondent no. 1,
has argued primarily on the point of maintainability of the present writ
petition at an interlocutory stage particularly keeping in view that the
judgment has not yet been pronounced by the Tribunal of the Hon'ble
Speaker, Jharkhand Vidhan Sabha in Tenth Schedule Case No. 01 of 2021.
Learned senior counsel has relied upon a judgment rendered by the
Hon'ble Supreme Court in the case of Kihoto Hollohan Vs. Zachillhu
and Others reported in 1992 Supp. (2) SCC 651 as well as judgment
dated 24.07.2019 passed by learned Division Bench of Delhi High Court in
L.P.A. 450/2019 & CM Appl. 31445-31447/2019 (Col. Anil Kumar Sehrawat
Vs. The Speaker, Legislative Assembly, Government of NCT of Delhi & Anr.)
along with LPA 452/2019 & CM Appl. 31544-31546/2019 (Anil Kumar
Bajpai Vs. The Speaker, Legislative Assembly, Government of NCT of Delhi
& Anr.).
It is further submitted by the learned senior counsel appearing on
behalf of the respondent no. 1 that the Speakers/Chairmen while
exercising powers and discharging functions under the Tenth Schedule of
the Constitution of India act as Tribunal adjudicating rights and obligations
conferred under the Tenth Schedule and their decisions in that capacity
are amenable to judicial review. However, since paragraph-6 of the Tenth
Schedule clearly stipulates that any decision taken by the Chairman or the
Speaker of the concerned House on the matter of disqualification of any
member shall be final, the power of judicial review under Articles 226 and
227 of the Constitution of India is to be exercised on limited ground i.e on
violation of constitutional mandates, mala fides, non-compliance with rules
of natural justice as well as perversity and that too after passing of final
order by the Chairman/Speaker of the concerned House. It is also
submitted that the power of judicial review is not to be exercised before
taking the final decision by the Chairman/Speaker and the said action is
regarded as quia timet action which is not permissible. The only exception
for making interference with the proceeding pending before the
Chairman/Speaker is when an interlocutory order of disqualification is
passed by the Chairman/Speaker as the same has grave and irreversible
consequence.
The learned Senior Counsel for the respondent no.1 intends to argue
further and to rely upon few more judgments in support of his contention
with respect to maintainability of the present writ petition at this stage.
At this juncture, Mr. V.P. Singh, learned senior counsel for the
petitioner, submits that an interlocutory application being I.A. No. 9183 of
2022 has been filed on behalf of the petitioner seeking stay of further
proceeding of Tenth Schedule Case No. 01 of 2021 pending before the
respondent no. 1 constituted under Tenth Schedule of the Constitution of
India.
Since, this Court is in the midst of hearing with respect to the issue of
maintainability of the writ petition particularly when the Tribunal of Hon'ble
Speaker, Jharkhand Vidhan Sabha has not taken any decision, I.A. No.
9183 of 2022 is kept on record to be considered at an appropriate stage.
Put up this case under the same heading on 13.10.2022 at 2:15 P.M.
for further argument on behalf of the respondent no. 1.
In the meantime, the parties will file their written submissions on the
point of maintainability of the writ petition.
(Rajesh Shankar, J.)
Ritesh/
