Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Prashant Kumar Umrao Vs. Govt. of NCT of Delhi - (High Court of Delhi) (09 Apr 2019)

Whenever House resumes after it is adjourned sine die, its resumption does not amount to commencement of session

MANU/DE/1253/2019

Constitution

The Petitioner has filed the present petition praying that, present Court may issue writ of Mandamus or any other appropriate writ, order or direction, thereby directing the Lieutenant Governor of Delhi or any other competent authority to declare the sixth part of the Fourth Session of the Sixth Legislative Assembly of National capital territory of Delhi to be illegal, invalid with all its consequential effects.

The fifth part of the fourth session of the Delhi Legislative Assembly was adjourned sine die on 15th November, 2016. The session was resumed on 17th January, 2017 (the sixth part of the fourth session). The Notification for the same was put up on the website of the Delhi Legislative Assembly on 10th January, 2017. The Petitioner claims that, the said session is illegal in terms of the Government of National Capital Territory of Delhi Act, 1991, as the first session of each year is required to commence with the address by the Lt. Governor.

Section 10(1) of the Act, 1991 provides that, at the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Lieutenant Government shall address the Legislative Assembly and inform it of the causes of its summons." The Petitioner contends that, the session that commenced on 17th January, 2017 ought to be considered as the first session of the year 2017, as the same could not be left at the whims and fancies of the Speaker.

The aforesaid issue is squarely covered by the decision of the Constitution Bench of the Supreme Court in Ramdas Athawale (5) v. Union of India and Ors., wherein the Court had explained the distinction between adjournment and prorogation, in the context of Article 87(1) of the Constitution of India, which is pari materia to the provisions of Section 10(1) of the Act, 1991. The Supreme Court had expressly held that, whenever the House resumes after it is adjourned sine die, its resumption for the purpose of continuing its business does not amount to the commencement of the session.

Present Court is also of the view that, the present petition also warrants the imposition of costs. The Petitioner has unnecessarily sought to raise a controversy, where none exists. Such frivolous litigation ought to be discouraged. Accordingly, the present petition is dismissed with costs.

Relevant : Ramdas Athawale vs. Union of India (UOI) and Ors. MANU/SC/0212/2010

Tags : LEGISLATIVE ASSEMBLY   SESSION   RESUMPTION  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved