ALAGAAPURAM R. MOHANRAJ & OTHERS versus TAMIL NADU LEGISLATIVE ASSEMBLY REP. BY ITS SECRETARY & ANOTHER

ALAGAAPURAM R. MOHANRAJ & OTHERS versus TAMIL NADU LEGISLATIVE ASSEMBLY REP. BY ITS SECRETARY & ANOTHER

Failure to supply or allow viewing of video recording material relied upon by the Privileges Committee denied petitioners reasonable opportunity to meet the case, violating principles of natural justice; impugned Assembly resolution set aside and salary and benefits restored.

Parties
Petitioner: Alagapuram R. Mohanraj & Others; Respondent: Tamil Nadu Legislative Assembly Rep. by Its Secretary & Another
Jurisdiction
India
Judgment Date
12 February 2016
Procedural Posture
Writ Petition (civil) No. 455 of 2015 / Final Judgment
Outcome
Writ petition allowed; impugned resolution set aside.
Legal Topics
Breach of Legislative Privilege, Suspension of Members, Principles of Natural Justice, Judicial Review
Constitutional Law Legislative Procedure Administrative Law Breach of Legislative Privilege Suspension of Members Principles of Natural Justice Judicial Review

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Parties

Alagapuram R. Mohanraj & Others

Petitioner

Tamil Nadu Legislative Assembly Rep. by Its Secretary & Another

Respondent

Procedural Posture

Writ Petition (civil) No. 455 of 2015 / Final Judgment

Legal Issues

  1. 1 Whether suspension of members beyond the session in which alleged breach occurred is constitutional
  2. 2 Whether deprivation of salary and benefits during suspension violates fundamental rights
  3. 3 Whether non-supply of video recording material constitutes violation of principles of natural justice

Ratio Decidendi

Failure to supply or allow viewing of video recording material relied upon by the Privileges Committee denied petitioners reasonable opportunity to meet the case, violating principles of natural justice; impugned Assembly resolution set aside and salary and benefits restored.

Court Disposition

Writ petition allowed; impugned resolution set aside.

Orders

  • Resolution dated 31.03.2015 passed in Tamil Nadu Legislative Assembly is set aside.
  • Salary and other benefits incidental to membership of the Assembly stand restored to the six petitioners.