Umesh Chandra Dhyani JUDGMENT
Umesh Chandra Dhyani, J.
1. Since the factual matrix of the above noted writ petitions and the law governing the field is the same, therefore, both the writ petitions are being decided together for the sake of brevity and convenience.
Reliefs Sought
2. By means of present writ petitions, the petitioners seek following reliefs, among others:
"(a) Writ, order or direction in the nature of certiorari be issued quashing the notice(s) dated 19.03.2016 annexed as Annexure-1 alongwith the Order dated 27.03.2016 of the Speaker annexed as Annexure 11.
(b) Writ, order or direction in the nature of mandamus or any other writ, order or direction allowing the petitioners to participate in any voting of the legislature as ordered by the Governor, or for any other purposes."
Factual Matrix
3. The facts giving rise to the present writ petitions are that all the petitioners are the Members of Legislative Assembly (MLAs) of Uttarakhand and belong to the Indian National Congress Party as they were elected on the tickets of Indian National Congress. Smt. Indira Hridyesh, former Minister of Parliamentary Affairs (respondent No. 2 herein) filed complaint against the petitioners before the Speaker with a prayer for disqualification of their membership of the House. On the basis of complaint filed by respondent No. 2, the Speaker issued show cause notices to the petitioners on 19.03.2016 seeking their explanations as to why they should not be disqualified as Members of the Legislative Assembly. The show cause notices were to be replied latest by 5:00 P.M. on 26.03.2016. The notices reflect various acts of omissions and conduct of the petitioners inside and outside the House on 18.03.2016 when the Assembly was in Session. It was alleged in the notices that the petitioners raised slogans expressing their unity with the Opposition Party - Bhartiya Janata Party (BJP). The petitioners, who have been elected under the icon of Indian National Congress Party, went before His Excellency the Governor of the State and submitted a joint memorandum expressing their distrust against the Government and the Chief Minister. The memorandum presented before the Governor of Uttarakhand was signed by a group of 35 Members of the House (26 Members of BJP and 9 Members of Indian National Congress/petitioners). The memorandum questioned the status of Appropriation Bill, 2016 and it was urged that despite 35 Members requesting for a voting by division, they were ignored by the Speaker. On 19.03.2016, a communication was sent to the Chief Minister to seek a vote of confidence in the Assembly at the earliest but not later than 28.03.2016.
4. It has also been alleged in the writ petitions that on 22.03.2016, the Speaker issued another notice(s) to the petitioners though backdated as 19.03.2016 making amendment in the original show cause notices. The petitioners moved an application on 23.03.2016 demanding certain documents and evidence, on the basis of which, the notices were issued to them. The petitioners further requested to extend sometime to file reply of the notices. Vide order dated 25.03.2016, the Speaker turned down the request of the petitioners and permitted the petitioners to inspect the file on 26.03.2016 between 11:00 A.M. to 1:00 P.M.
5. Earlier, eight members out of nine aggrieved petitioners preferred two writ petitions, i.e., WPMS Nos. 791 of 2016 and 792 of 2016 before this Court, being aggrieved against the show cause notices dated 19.03.2016 issued by the Speaker. The coordinate bench of this Court while dismissing the same on 25.03.2016 observed as under:
"10. After having heard learned counsels for the parties at some length, this Court is of the opinion that it would not be proper for this Court to interfere in any manner, at this stage, with the proceedings, which have been here initiated by the Speaker of the House, as there is absolutely no doubt that it is a matter relating to a question of "disqualification" on grounds of defection and the question of disqualification of a member of House is a question which can only be decided by the Speake........