W.P.No.6340/2010 18.02.2014 None for the petitioner.
Shri P.K.Kaurav, learned Additional Advocate General for respondent No.1.
The petitioner sought for the following relief : i) To issue a writ in the nature of mandamus/quo-warranto restraining the respondents from permitting any such issues/ materials to be tabled before the State Assembly which are prohibited under Rule 36 of the State Reorganisation Act, 1956.
ii) To issue a writ in the nature of mandamus directing the respondents to adhere to the constitutional provisions and also the Assembly Rules in its entirety for conduct of business of the State Legislative Assembly in Madhya Pradesh.
iii) To issue a command for producing the entire record pertaining to present case for perusal of Hon'ble High Court.
It is submitted by Shri Kaurav, learned Additional Advocate General, that the matter relates to raising certain call attention proposal to be tabled in the Vidhan Sabha which cannot be questioned by the petitioner before this Court as PIL.
It is submitted that under Article 212 of the Constitution of India, the proceedings of the Assembly cannot be questioned by any person.
Article 212 of the Constitution of India, reads thus : “212.
Courts not to inquire into proceedings of the Legislature.- (1) The validity of any proceedings in the Legislature of a State shall be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the legislature of a state in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.” As the petitioner is seeking writ of mandamus restraining the respondents from permitting to raise any issue to be tabled before the State Legislative Assembly, this Court cannot issue any direction in this regard, however, the petitioner if is having any objection in this regard, the petitioner or any person competent, in this regard, may raise such objection/issue before the Speaker of the State Legislative Assembly.
With the aforesaid, liberty, this petition is dismissed with no order as to cost.
(Krishn Kumar Lahoti) (U.C.Maheshwari) Judge Judge ts/