VASUDEVA S. B.COM, B.L. vs. UNION OF INDIA BYITS PARLIAMENTARY SECRETARY

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WP/10401/2008HC KarnatakaKAHC01038237200827 February 2013Bench: K.SREEDHAR RAO,S.ABDUL NAZEER5 pages
AI SummaryDismissed

What did the High Court hold?

The Court held that it cannot direct legislative authorities to legislate laws. Furthermore, several prayers became infructuous as the term of the concerned Members of Parliament had expired.

What were the facts?

The petitioner sought various directions including framing rules for the anti-defection law, prohibiting certain MPs from participating in parliamentary proceedings, and investigating their financial status and cross-voting. The petitioner also requested directions for disqualifying defectors and invalidating their votes.

What were the issues?

Whether the High Court can direct the legislature to frame laws and if the prayers made in the writ petition are still maintainable.

Which sections of the Income-tax Act were involved?

Article 226, Article 227, Section 13(1)E of the Prevention of the Corruption Act, 1956

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 27TH DAY OF FEBRUARY 2013

PRESENT

THE HON’BLE MR. K. SREEDHAR RAO, ACTING CHIEF JUSTICE AND

THE HON’BLE MR. JUSTICE S. ABDUL NAZEER

WRIT PETITION No.10401/2008 (GM-RES-PIL)

BETWEEN :

S. Vasudeva, B.Com. B.L. Advocate Aged about 56 years R/a. No.78/2 Susheela Road Doddamavalli Bangalore 560 004

... PETITIONER

(By Sri. S.Vasudeva, Party in person)

AND :

1.

Union of India

By its Parliamentary Secretary

Ministry of Law and Parliamentary Affairs C.G.O. Complex New Delhi

2.

The Government of Karnataka

By its Chief Secretary

Vidhana Soudha

Bangalore 560 001

3.

Chief Election Commissioner of India

Election Commission of India

Nirvachana Sadan Ashoka Road New Delhi 110 001

4.

State Chief Election Commissioner

Government of India

Cubbon Park

Bangalore 560 001

5.

Dr. H.T. Sangliana

S/o. late Patanga

No.628, Bangalore 560 004

National Games Housing

Complex, Ghataprabha Block

Koramangala

Bangalore

6.

M. Shivanna

S/o. late Madaiah

No.36, Sagalevadi Village

Chamarajnagar Taluk

7.

Manorama Madhwaraj

Swagatham, 1-38 Malpe 576 108 Udupi

8.

Kunnur Manjunath Channappa

Shiggaon

Shiggaon Taluk

9.

Chief Commissioner of Income Tax

Bangalore Circle

Queen’s Road Karnataka

10.

Director

Central Bureau of Investigation

New Delhi

... RESPONDENTS

(By Sri. S. Kalyan Basavaraj, ASG for R-1 Sri. B. Veerappa, AGA for R-2 Sri. Diwakara Associates, Advs. For R-6 Sri. M.V. Seshachala, Adv. for R-9 Sri. C.H. Jadav, Sr. Counsel for R-10 R-3 to R-5, R-7 and R-8 are served)

This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent No.1 to compel performance of the constitutional duty and function in taking forthwith requisite steps to frame the rule fixing the time frame under anti defection law, listed in the 10th schedule of the Constitution and etc.

This writ petition coming on for Hearing this day, ACTING CHIEF JUSTICE made the following:

ORDER

K. SREEDHAR RAO, Ag.CJ., (Oral)

The petitioner has sought for the following prayers:

“1. To issue a writ of mandamus directing the 1st respondent to compel performance of the constitutional duty and function in taking forthwith requisite steps to frame the Rule fixing

4 the time frame under anti defection law, listed in the 10th Schedule of the Constitution.

2.

To issue appropriate writ or prohibition the respondent 5 to 8 not to participate in the proceedings of the parliament, till their petition for disqualification is adjudicated by the first respondent.

3.

A direction to respondent No.9 to conduct an enquiry and investigation into the financial status of the respondent 5 to 8 and to file a status report to this Court.

4.

To issue a writ/direction to the 10th respondent to conduct a detailed enquiry and investigation against the respondents No.5 to 8 in cross voting in the trust motion on 22nd July 2008 in the parliament and prosecute them under Section 13(1)E of the Prevention of the Corruption Act, 1956.

5.

To issue a direction to the respondent No.2 directing them to issue appropriate direction to the concerned Deputy Commissioner not to sanction funds to the respondents No.5 to 8 from

5 the Area Development Funds of the Parliament Members.

6.

Mandamus to respondent No.3 to make appropriate amendments to People Representation Act and to recommend to the Union of India (That Defector Vote Caste be invalidated). ”

2.

The 1st prayer is untenable because this Court cannot direct the legislative authorities to legislate the law in view of the decision of the Hon’ble Supreme Court in A.K. ROY VS. UNION OF INDIA AND ANOTHER (AIR 1982 SC 710). Prayer Nos.2 to 6 have become infructuous because the term of respondent No.5 to 8 has expired as members of the parliament. Writ petition is disposed of accordingly.

Sd/- AG. CHIEF JUSTICE

Sd/- JUDGE. Cs/-

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