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

WP/10401/2008

AI Insights

The case involves a writ petition filed by S. Vasudeva under Articles 226 and 227 of the Constitution of India, seeking various directives against multiple respondents including the Union of India, the Government of Karnataka, and several individuals. The petitioner sought to compel the first respondent to frame rules under the anti-defection law and to prevent certain respondents from participating in parliamentary proceedings until their disqualification petitions were adjudicated. Other requests included investigations into the financial status of certain respondents and amendments to the People Representation Act. The court found the legislative requests to be beyond its directive powers and dismissed the other requests as infructuous due to the expiration of the respondents' terms in parliament.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 722817 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 27-02-2013
• Assessment Year: misc
• Other Referred Cases: A.K. ROY VS. UNION OF INDIA AND ANOTHER (AIR 1982 SC 710)
• Laws Referred To: Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: S BASAVARAJ; B VEERAPPA; DIWAKARA ASSOCIATES; M V SESHACHALA; C H JADAV
• Assessee Lawyers: S VASUDEVA
• Keywords: Disqualification; Mandamus; Anti defection law; Constitutional duty; Financial status; Cross voting; Trust motion
• Section: 226; 227; 10th Schedule; 13(1)E of the Prevention of the Corruption Act, 1956

Judgement Text

" 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 2 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 3 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/- "