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Orders of Honble Speaker in Petitions No.1 to 14

Orders of Honble Speaker in Petitions No.1 to 14

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Published by Naresh Kadyan
Naresh Kadyan, Chairman of PFA Haryana
Naresh Kadyan, Chairman of PFA Haryana

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Published by: Naresh Kadyan on Jan 13, 2013
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07/20/2013

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: 1 :
BEFORE THE SPEAKER, HARYANA LEGISLATIVE ASSEMBLYAT CHANDIGARH
Five petitions filed by Shri Kuldeep Bishnoi, M.L.A.before the Speaker in 2009 are as under:Petition No.1 Kuldeep Bishnoi, M.L.A. V/s VinodBhayana, M.L.A.Petition No.2 Kuldeep Bishnoi, M.L.A. V/s NarenderSingh, M.L.A.Petition No.3 Kuldeep Bishnoi, M.L.A. V/s SatpalSangwan, M.L.A.Petition No.4 Kuldeep Bishnoi, M.L.A. V/s Zile RamSharma, M.L.A.Petition No.5 Kuldeep Bishnoi, M.L.A. V/s DharamSingh, M.L.A.Petitions No.6 to 14 were clubbed with theaforementioned petitions No.1 to 5, vide order dated 10
th
 August, 2011.Petitions No.6 Ashok Arora, M.L.A. V/s Satpal Sangwan,M.L.A.Petitions No.7 Ashok Arora, M.L.A. V/s Narender Singh,M.L.A. and OthersPetitions No.8 Ashok Arora, M.L.A. V/s Dharam Singh,M.L.A.Petitions No.9 Sher Singh Barshami, M.L.A. V/s DharamSingh, M.L.A.Petitions No.10 Sher Singh Barshami, M.L.A. V/s SatpalSangwan, M.L.A.Petitions No.11 Sher Singh Barshami, M.L.A. V/sNarender Singh, M.L.A. and OthersPetitions No.12 Ajay Singh Chautala, M.L.A. V/sNarender Singh, M.L.A. and OthersPetitions No.13 Ajay Singh Chautala, M.L.A. V/s DharamSingh, M.L.A.Petitions No.14 Ajay Singh Chautala, M.L.A. V/s SatpalSangwan, M.L.A.
Petitions under the Tenth Scheduleof the Constitution of India and therules framed there under
.
 
 
: 2 :
Present
: Mr. Satya Pal Jain, Senior Advocate along with Mr.Dhreej Jain, Advocate for the Petitioner in PetitionNos.1 to 5Mr. Harbhagwan Singh, Senior Advocate along withMr. Arun Walia, Mr. Tarunveer Vashist, Mr. JagbirSingh Narwal and Ms. Dilraj Kaur, Advocates for therespondents.
JUDGMENT
(
1
) This judgment will decide petitions No.1 to 14 filedby Members of the Haryana Legislative Assembly as by myseparate order on file all the petitions were clubbed together asagreed by all the parties.(
2
) The above petitions, filed under Article 191 read withTenth Schedule of the Constitution of India and the rules framedthereunder, seek the disqualification of the above saidLegislators (respondents), as a Member of the Haryana StateLegislative Assembly, on the ground of their allegedly havingvoluntarily given up membership of their original political party,on whose tickets they were elected, i.e. Haryana Janhit Congress(BL) Party (
hereinafter referred to as ‘HJC(BL) Party’
), andmerging their party into Indian National Congress by joining theIndian National Congress Party (
hereinafter referred to as‘INC Party
).(
3
) The respondents-Legislators have filed their separatewritten statements and have denied the factum of their allegeddefection. Their contention is that HJC(BL) Party as a politicalparty merged with the INC Party. According to the respondents,the decision to this effect was taken in a meeting of the PrimaryMembers-cum-Delegates of the HJC(BL) Party held at Karnal onthe 8
th
of November, 2009, where 75 out of 108 PrimaryMembers-cum-Delegates of the Party (including all the fiverespondents) were present. It is claimed that all the primarymembers of the HJC(BL) Party, who were present in the meeting
 
 
: 3 :
held at Karnal on 8
th
of November, 2009, unanimously decidedto merge their Party with the INC Party and thus both the above-said parties stood merged on the 8
th
of November, 2009 itself. Itis also contended that in a separate meeting held on the sameday, the five members i.e. the respondents endorsed thedecision taken by the primary members of HJC(BL) Party.Consequently, it is claimed that the HJC(BL) Party ceased toexist on the 8
th
of November, 2009 itself.(
4
) The petitioners in petitions No.1 to 5 filedreplications to the written statements and controverted thefactum of alleged merger of the two political parties. Therespondents filed rejoinders to counter the facts stated in thereplications. In the rejoinders filed by the respondents-MLAs,they controverted the contentions raised by the petitioners intheir replications and reiterated their stand taken in theirrespective written statements.(
5
) Before adverting to the controversy in issue, it isnecessary to put on record the sequence of facts leading to thefiling of the above-said petitions for disqualification of therespondents.General Elections to the Haryana Vidhan Sabha wereheld on 13
th
October, 2009. The results were declared on 22
nd
 October, 2009. The party-wise position, as emerged after theGeneral Elections, was as under:
Parties
 
Members
 Indian National Congress 40Indian National Lok Dal 31Haryana Janhit Congress (BL) 06Bhartiya Janta Party 04Bahujan Samaj Party 01Shiromani Akali Dal 01Independents 07
Total = 90

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