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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 :
Union of India
By its Parliamentary Secretary
Ministry of Law and Parliamentary Affairs C.G.O. Complex New Delhi
The Government of Karnataka
By its Chief Secretary
Vidhana Soudha
Bangalore 560 001
Chief Election Commissioner of India
Election Commission of India
Nirvachana Sadan Ashoka Road New Delhi 110 001
State Chief Election Commissioner
Government of India
Cubbon Park
Bangalore 560 001
Dr. H.T. Sangliana
S/o. late Patanga
No.628, Bangalore 560 004
National Games Housing
Complex, Ghataprabha Block
Koramangala
Bangalore
M. Shivanna
S/o. late Madaiah
No.36, Sagalevadi Village
Chamarajnagar Taluk
Manorama Madhwaraj
Swagatham, 1-38 Malpe 576 108 Udupi
Kunnur Manjunath Channappa
Shiggaon
Shiggaon Taluk
Chief Commissioner of Income Tax
Bangalore Circle
Queen’s Road Karnataka
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.
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.
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.
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.
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.
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). ”
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/-