Case 2

Facts of the case:

Mr. Vijay Kumar is the leader of the opposition in the Legislative Assembly in the state of
Swarana Pradesh in India. On November 1, 2008, during the question hour a question was
raised against the ruling party with regard to insistent terrorist activities in the state which led
to the break down of law and order, peace and tranquility in the state. Various incidents
where the terrorist killed the common people were brought to the notice of the House and Mr.
Vijay Kumar demanded the resignation of the Chief Minister. During the course of argument,
Mr. Vijay Kumar demanded the speaker of the House to direct the Chief Minister to produce
all the files pertaining to the above said case and to inform the House about the status report
of the cases. But the speaker said that there is no necessity to produce the records in the
House. Being aggrieved by this, Mr. Vijay Kumar commented that the speaker is supporting
the government. Vexed with the attitude of Mr. Vijay Kumar, the speaker suspended him for
a period of 3 months. Questioning this, Mr. Vijay Kumar filed a writ petition before the High
Court of Swarna Pradesh for the issuance of writ of Mandamus. But, it was dismissed by the
High Court on the ground that the said punishment was within the purview of the speaker of
the Assembly and the same cannot be interfered by the High Court in exercise of powers
under Article 226 of the Indian Constitution. Challenging this, Mr. Vijay Kumar filed a
Special Leave Petition before the Honorable Supreme Court contending that High Court is
having jurisdiction to interfere into the issue under Article 226. he also contended that the
suspension orders passed by the speakers is nothing but mala fide exercise of power and the
suspension for a period of 3 months is disproportionate and the same is too harsh. Mr. Vijay
Kumar argued that the speaker did not follow the procedure contemplated under the law and
no notice was issued to him and no opportunity was afforded to him and so it is violation of
Article 14 and 21 of the Indian Constitution.
The Apex Court granted leave and posted the matter for hearing on the following issues.

Issues Involved
1. Whether the High Court is having jurisdiction to entertain the writ petition under Article
226 of constitution of India against the decision of the speaker or not?
2. Whether there are any mala fides on the part of the speaker of the Assembly or not?
3. Whether the punishment is within the purview of the speaker or not and if so whether the
punishment is disproportionate and harsh in the facts and circumstances of the case or not?