13 )SCALE335 , (2006 )11 SCC1 , [2006 ]Supp(10 )SCR521 , ,MANU/SC/5473/2006
Y.K. Sabharwal#C.K. Thakker#P.K. Balasubramanyan#3115SC3120Judgment/OrderAIR#INSC#MANU#SCALE#SCC#SCR(Supp)Y.K. Sabharwal,SUPREME COURT OF INDIA2012-9-24Facts admitted need not be proved,Facts admitted need not be proved,Admissibility of electronic records,Comparison of signature, writing or seal with others admitted or proved.,Court may presume existence of certain facts,Court may presume existence of certain facts,Disqualification on Ground of Defection,Law of Evidence,Constitution of India28229,17023 -->
MANU/SC/5473/2006
IN THE SUPREME COURT OF INDIA
Writ Petition (Civil) Nos. 287, 290, 291, 292, 293 and 294 of 2004
Decided On: 11.12.2006
Appellants: Jagjit Singh Vs. Respondent: State of Haryana and Ors.
Hon'ble Judges/Coram:
Y.K. Sabharwal, C.J., C.K. Thakker and P.K. Balasubramanyan JUDGMENT
Y.K. Sabharwal, C.J.
1. These petitions challenge the legality of orders passed by the Speaker of Haryana Legislative Assembly (for short, 'the Assembly') disqualifying petitioners from being members of the Assembly. The impugned orders have been passed in exercise of the powers conferred on the Speaker under the Tenth Schedule to the Constitution of India. Four petitioners (Writ Petition Nos. 290, 291, 293-294 of 2004) were independent members of the Assembly. Petitioner - Jagjit Singh (W.P. No. 287 of 2004) belonged to a political party named 'Democratic Dal of Haryana'. He was a lone member representing his party in the Assembly. Petitioner- Karan Singh Dalal (W.P. No. 292 of 2004) was a lone member of a political party named 'Republican Party of India' in the Assembly.
The petitioners were elected to the Assembly in election held in February, 2000. All impugned orders disqualifying the petitioners were passed on 25th June, 2004. The voting for election to Rajya Sabha took place on 28th June, 2004. The petitioners, however, could not vote in the said election, having ceased to be the members of the Assembly with immediate effect.
2. The challenge to the orders of disqualification is made on various grounds. The ground common to all the petitions is the violation of principles of natural justice. It has been contended on behalf of all the petitioners that the orders of disqualification were made in utter haste with a view to deprive them of their right to vote on 28th June, 2004 with a view to help the Chief Minister whose son was a candidate in elections to Rajya Sabha. It is contended that the Speaker had no basis for coming to the conclusion that the independent members had joined the Indian National Congress. It is claimed that the impugned orders are clearly result of malafides of the Speaker. On behalf of the two petitioners belonging to political parties, it has been contended that they are entitled to protection of paragraph 3 of the Tenth Schedule since there were splits in their original political parties and they being single member parties in the Assembly, on having joined Indian National