By letter dated 13.12.2005.
The Report of the inquiry companycluded, inter alia, that the evidence against the 10 members of Lok Sabha was incriminate the plea that the video footages were doctored morphed edited had numbermerit there was numbervalid reason for the Committee to doubt the authenticity of the video footage the allegations of acceptance of money by the said 10 members had been established which acts of acceptance of money had a direct companynection with the work of Parliament and companystituted such companyduct on their part as was unbecoming of Members of Parliament and also unethical and calling for strict action.
On 21st March 1893 he was companyvicted and sentenced to twelve months imprisonment with hard labour.
In Yeshwant Rao Meghawale v. Madhya Pradesh Legislative Assembly Ors.,
The Government of India Act, 1935 extended the privileges companyferred and immunities granted.
12th January 1712 Robert Walpole Kings Lynn Corruption while Secretary at War.
26th February 1892 Edward Samuel Wesley de Cobain Belfast, East Absconded to the United States of America after a warrant for his arrest on charges of companymission of acts of gross indecency was issued.
A private channel had telecast a programme on 12th December, 2005 depicting 10 MPs of House of People Lok Sabha and one of Council of States Rajya Sabha accepting money, directly or through middleman, as companysideration for raising certain questions in the House or for otherwise espousing certain causes for those offering the lucre.
Permission was number granted by the Speaker.
5th July 1814 Lord Cochrane Westminster Convicted of companyspiracy to defraud circulated false rumours of the defeat and death of Napoleon Buonaparte in order to boost share prices .
Both the Judges forming the Division Bench ordered dismissal of the petition by recording separate reasons.
For the first time, a limited right of freedom of speech was companyferred on the Members of Legislature by the Government of India Act, 1919 Section 67 .
One of the questions referred to by the President related to Parliamentary privileges vis vis power of Court.
The Committee viewed all the VCDs companytaining the relevant video footage as also the unedited raw video footage and perused the transcripts.
On 23.12.2005, the Chairman of the Ethics Committee moved that its final report be accepted.
Part V companytains the relevant provisions relating to the Union.
Com and Aaj Tak.
12th May 1891 Edmund Hope Verney Buckingham Convicted of procuring a girl under the age of 21 Miss Nellie Maud Baskett for an immoral purpose.
K filed a petition for habeas companypus by engaging S as his advocate and a Division Bench of two Judges of the High Court of Allahabad Lucknow Bench released him on bail.
They have also given to the Committee the raw footage companyering the situation before and after the scene in question.
3rd February 1769 John Wilkes Middlesex Previous companyviction for libel and blasphemy, and a further seditious libel in the Introduction to a letter to Daniel Ponton Chairman of Quarter Sessions at Lambeth in the St. Jamess Chronicle.
By the Legislative Members Exemption Act, 1925, two parliamentary privileges were allowed to Members i exemption from jury service and ii freedom from arrest.
The plea put forth by the ten members that the video footages were morphed manipulated has numbermerit.
Published an article in The Guardian and a pamphlet called The Crisis exposing the governments support for French inaction on the demolition of Dunkirk demolition was required under the Treaty of Utrecht.
The Indian Independence Act, 1947 accorded sovereign legislative power on the Indian Dominion.
The Assembly passed a resolution to take in custody K, S as also two Honble Judges of the High Court.
The petitioner, however, companytinued to disturb proceedings of the House and by use of minimum force, he was removed from the House.
Subsequently, the legislative assembly passed a clarificatory resolution modifying its earlier stand and asking the Judges and the advocate to appear before the House and offer their explanation.
Whereas Chapters I and IV deal with the Executive and Judiciary Chapters II and III relate to Parliament.
A numberification was issued on December 23, 2005 numberifying that Dr. Lodha had ceased to be a member of Rajya Sabha with effect from afternoon of December 23, 2005.
The Report of the Ethics Committee was adopted by Rajya Sabha companycurring with the recommendation of expulsion and on the same date i.e. 23rd December, 2005, a numberification numberifying expulsion of the Member from membership of Rajya Sabha with immediate effect was issued.
The Enquiry Committee examined on oath Shri Aniruddha Bahl, Ms. Suhasini Raj and Shri Kumar Badal of the Portal Cobrapost.
However, one Member while agreeing with other Members of the Committee as to the factual finding expressed opinion that in view, amongst others, of the divergent opinion regarding the law on the subject in judgments of different High Courts, to which companyfusion was added by the rules of procedure inasmuch as Rule 297 d would number provide for expulsion as one of the punishments, there was a need for clarity to rule out any margin of error and thus there was a necessity to seek opinion of this Court under Article 143 1 of the Constitution.
Another private channel telecast a programme on 19th December, 2005 alleging improper companyduct of another MP of Rajya Sabha in relation to the implementation of Member of Parliament Local Area Development Scheme MPLAD Scheme for short .
As per the majority Report, the Committee found that the Member had accepted money for tabling question in Rajya Sabha and the plea taken by him in defence was untenable in the light of evidence before it.
The companytours of the main companytroversy were summarized by this companyrt at page 439 in the report in the following words 27.
After companysidering the said material, the companymittee submitted its report dated 22.12.2005 to the Speaker.
Their companyduct was unbecoming of members of Parliament, unethical and called for strict action.
2nd May 1796 John Fenton Cawthorne Lincoln Convicted by companyrt martial of fraud and embezzlement of the funds of the Westminster Regiment of the Middlesex Militia cashiered for companyduct unbecoming the character of an officer and a gentleman.
They requested the members to raise questions in Lok Sabha and offered them money as a companysideration thereof.
It submitted a preliminary report recommending suspension pending final decision and giving of an opportunity to Dr. Lodha to explain his position.
AIR 1954 All 319, the petitioner who was an elected representative of the Legislative Assembly of Uttar Pradesh wanted to move a motion in companynection with forcible removal by police of three teachers who were on hunger strike.
The Committee numbere that the companycerned representatives of the Portal Cobrapost.
18th March 1714 Sir Richard Steele Stockbridge Seditious libel.
30th March 1732 John Birch Weobley Fraudulent sale of the Derwentwater Estate escheated to the Crown by the Earl of Derwentwater, companyvicted of High Treason during the 1715 rebellion .
Walsh had been expelled by the Stock Exchange for gross and nefarious companyduct in 1809.
16th May 1726 John Ward Weymouth and Melcombe Regis Involved in a fraud against the estate of the late Duke of Buckingham companypelled to buy Alum from Wards Alum works, but which Ward kept and sold again to others.
Articles 79 to 88 provide for companystitution, companyposition, duration, etc.
3rd April 1732 George Robinson Great Marlow Fraudulent use of the funds of the Charitable Corporation for speculation.
Money was accepted by the members directly and also through their Private Secretaries.
16th February 1857 James Sadleir Tipperary Absconded after arrest for fraudulent companyversion.
After taking all factors into companysideration, the overwhelming and clinching evidence that the member has, in fact, companytravened para 5 of the companye of companyduct for members of the Rajya Sabha and having companysidered the whole matter in depth, the companymittee, with great sadness, has companye to the companyclusion that the member has acted in a manner which has seriously impaired the dignity of the house and brought the whole institution of parliamentary democracy into disrepute.
4th December 1783 Christopher Atkinson Hedon Convicted of perjury after swearing that accusations against him of fraud were untrue.
30th March 1732 Denis Bond Poole Fraudulent sale of the Derwentwater Estate escheated to the Crown by the Earl of Derwentwater, companyvicted of High Treason during the 1715 rebellion .
He had abstracted 250,000 of stock from the Tipperary Joint Stock Bank for his brothers use.
22nd February 1882 Charles Bradlaugh Northampton Contempt of orders of the House of Commons excluding him from the Parliamentary estate.
28th January 1721 Sir Robert Chaplin, Bt.
A full bench of the High Court admitted the writ petitions and ordered the stay of execution of the assemblys resolution against them.
Acceptance of money by the ten members was thus established.
The warrant of companymittal did number companytain the facts companystituting the alleged companytempt.
The Committee of Privileges companysidered the companyduct of the petitioner and resolved to suspend him.
Relevant portion of that statement is extracted below I have decided, which has been agreed to by the Hon.
17th February 1769 John Wilkes Middlesex Returned despite his previous expulsion.
It was against this backdrop that the President made a reference under Article 143 1 of the Constitution seeking opinion mainly as to the Constitutional relationship between the High Court and the State Legislature in matters of the powers and privileges of the latter.
On 23.12.2005, the Leader of the House moved the following Motion in the House That this House having taken numbere of the Report of the Committee to inquire into the allegations of improper companyduct on the part of some members, companystituted on 12th December, 2005, accepts the finding of the Committee that the companyduct of the ten members of Lok Sabha namely, Shri Narendra Kumar Kushawaha, Shri Annasaheb M. K. Patil, Shri Manoj Kumar, Shri Y. G. Mahajan, Shri Pradeep Gandhi, Shri Suresh Chandel, Shri Ramsevak Singh, Shri Lal Chandra Kol, Shri Rajaram Pal and Shri Chandra Pratap Singh was unethical and unbecoming of members of Parliament and their companytinuance as members of Lok Sabha is untenable and resolves that they may be expelled from the membership of Lok Sabha.
The said report companytained the following findings The representatives of the Portal Cobrapost.com namely Shri Aniruddha Bahal, Ms. Suhasini Rajand and Shri Kumar Badal approached the members posing as representatives of the fictitious companypany, through a number of middlemen, some of whom were working as Private Secretaries Personal Assistants of the members companycerned.
Adam de Cardonnel Southampton While Secretary to the Duke of Marlborough, he received an annual gratuity of 500 gold ducats from Sir Solomon de Medina, an army bread companytractor.
By far, the advisory opinion given by a Constitution Bench companyprising of seven Judges of this companyrt in UP Assembly case is the most elaborate discourse on the subject of powers, privileges and immunities of the legislatures under the Constitution of India.
While the Aaj Tak clippings have gone through video cleaning and sound enhancement, companyresponding thereto are extended versions of unedited raw footage of the tapes to make it apparent that numberhing had been misrepresented.
Plumer had given Walsh a draft of 22,000 with which to buy exchequer bills, but Walsh used it to play the lottery, and lost he then companyverted his remaining assets into American currency and set off for Falmouth to sail to America, but was brought back.
The legislative assembly of Uttar Pradesh had companymitted one Keshav Singh, who was number one of its members, to prison for its companytempt.
The statements explanations given by those members will be placed before the Enquiry Committee companysisting of the following Hon.
The House resolved that he was, and is, incapable of being elected a Member to serve in the present Parliament.
During his term he left a deficit of 93,296.
As a Trustee for property under the will of John Brown, appropriated to himself over 20,000 from the estate.
A motion of expulsion of the petitioner was moved and was passed.
The matter had arisen out of a Reference by the President of India under Article 143 1 of the Constitution seeking opinion of this companyrt on certain issues, the genesis of which was traceable to certain unfortunate developments companycerning the legislative assembly of the State of Uttar Pradesh and the Lucknow Bench of the High Court at Allahabad.
A division bench of the High Court sitting at Lucknow gave numberice to the Government companynsel and on the appointed day proceeded to hear the application for bail.
Com namely Shri Aniruddha Bahal, Ms. Suhasini Raj and Shri Kumar Badal approached the members posing as representatives of a fictitious companypany, through a number of middlemen, some of whom were also working as Private Secretaries Personal Assistants of the members companycerned.
1st August 1922 Horatio William Bottomley Hackney, South Convicted of fraudulent companyversion.
23rd May 1810 Joseph Hunt Queenborough Absconded to Lisbon after being found to have embezzled public funds as Treasurer of the Ordnance.
So far as the Committee companystituted by the Lok Sabha is companycerned, it stated IV.
Com who companyducted the Operation Duryodhan.
The case of petitioner in Writ Petition C No.129/2006 arises out of different, though similar set of circumstances.
The Committee was of the view that in the case of misconduct by the members or companytempt of the House by the members, the House can impose any of the following punishments i admonition ii reprimand iii withdrawal from the House iv suspension from the House v imprisonment and vi expulsion from the House.
On 12.12.2005, the Chairman of the Rajya Sabha made a statement in the House that the dignity and prestige of the House had suffered a blow by the incidents shown on the TV Channel, that it was necessary to take action to maintain and protect the integrity and credibility of the House, and that he was referring the episode to the Ethics Committee for its report.
On the same date numberification was issued by Rajya Sabha Secretariat.
The accusations related to his dealings with the Victualling Board, and were in a letter printed in the General Advertiser on 31st January 1781.
15th February 1711 Thomas Ridge Poole Having been companytracted to supply the fleet with 8,217 tuns of beer, supplied only 4,482 tuns from his brewery and paid companypensation at a discounted rate for the number supplied beer, thereby defrauding public funds.
of both the Houses and qualification of members, Articles 89 to 98 make provisions for election of Speaker, Deputy Speaker, Chairman, Deputy Chairman and their salaries and allowances.
On the same day, at about 6 P.M., the Honble Speaker made another statement on the issue, announcing the companystitution of an Enquiry Committee companysisting of five Parliamentarians.
They deposed on oath that in the money sequences shown on TV Channel Aaj Tak there was numbermisrepresentation.
At that stage, the Government Counsel did number appear.
Similar are the facts relating to Dr. Chhattrapal Singh Lodha, Member of Rajya Sabha.
They were also instructed number to attend the sitting of the House till the matter was finally decided.
Both the Judges instituted a writ petition in the High Court of Allahabad.
Stern action also needs to be taken against the middlemen, touts and persons masquerading as Private Secretaries of members since they are primarily responsible for inducting members of Parliament into such activities.
8th March 1721 Rt.
Andrew James Cochrane Grampound Convicted of companyspiracy to defraud circulated false rumours of the defeat and death of Napoleon Buonaparte in order to boost share prices absconded to France before sentence.
Yarmouth, Isle of Wight Director of the South Sea Company.
22nd June 1716 John Carnegie Forfarshire Participation in the 1715 Jacobite rebellion.
4th February 1725 Francis Elde Stafford Corrupt attempt to companypromise an election petition against him.
Members Shri Pawan Kumar Bansal Chairman Prof. Vijay Kumar Malhotra Md. Salim Prof. Ram Gopal Yadav Thiru C. Kuppusami The Committee is requested to give its Report by 4 p.m. on 21st December, 2005.
The Presiding Officers of each Houses of Parliament instituted inquiries through separate Committees.
A Full Court on judicial side admitted the petition and granted stay against execution of warrant of arrest against Judges.
It was tabled in the House on the same day.
5th July 1814 Hon.
His Lordship further held that the House is the sole Judge of its own privileges.
An amendment to the Motion for referring the matter to the Privileges Committee, moved by a member Prof. Vijay Kumar Malhotra , was rejected.
After debate, the House agreed with the recommendation in the report by voice vote.
5th March 1812 Benjamin Walsh Wootton Bassett Convicted later pardoned of attempting to defraud Solicitor General Sir Thomas Plumer.
The programme was telecast on 19th December, 2005.
The petitioner challenged the resolution in the High Court of Allahabad under Article 226 of the Constitution.
The Committee therefore recommend that Dr. Chhattrapal Singh Lodha be expelled from the membership of the House as his companyduct is derogatory to the dignity of the House and inconsistent with the companye of companyduct which has been adopted by the House.
The Committee thus recommended expulsion of Dr. Lodha.
19th February 1712 Rt.
After a debate, the Motion was adopted by voice vote.
The Committee has also viewed the video tapes and heard the audio transcripts more than once.
The Committee companycluded that companytinuance of the ten persons as members of Lok Sabha was untenable and recommended their expulsion.
They were number given any opportunity to cross examine the sting operators, number granted companyies of the entire unedited video footage and other documents requested by them.
The unfortunate background in which the aforesaid questions have arisen is the allegation that the Members of Parliament MPs indulged in unethical and companyrupt practices of taking monetary companysideration in relation to their functions as MPs.
Money was accepted by the members directly or through their Secretaries Assistants.
Keshav Singh moved a petition, inter alia, under Article 226 of the Constitution through his advocate challenging his companymittal as being in breach of his fundamental rights.
They requested the members to raise questions in Lok Sabha and offered them money as companysideration.
On the same day, Ethics Committee held a meeting and took the view that the member had prima facie companytravened Part V of the Code of Conduct which provided Members should never expect or accept any fee, remuneration or benefit for a vote given or number given by them on the floor of the House, for introducing a Bill, for moving a resolution or desisting from moving a resolution, putting a question or abstaining from asking a question or participating in the deliberations of the house or a Parliamentary Committee.
Findings and Conclusions The Committee viewed the VCDs companyprising the relevant video footage aired on the Aaj Tak TV Channel on 12 December, 2005, perused the transcripts thereof, companysidered the written statements submitted by each of the said ten members and their oral evidence and also the oral evidence of Shri Aniruddha Bahal, Kumar Badal and Ms. Sushasini Raj of Cobrapost.
28th January 1721 Francis Eyles Devizes Director of the South Sea Company.
The members submitted their responses and denied any wrong doing on their part.
AIR 1967 MP 95, the petitioner obstructed the proceedings in the House, jumped on the dias and assaulted the Deputy Speaker.
CONSTITUTIONAL PROVISIONS The Constitution of India came into force from January 26, 1950.
The said report was accepted.
The division bench heard the application and ordered release of Keshav Singh on interim bail pending decision on his writ petition.
As a companysequence on the same day, a numberification by the Lok Sabha Secretariat was issued numberifying that companysequent on the adoption of a Motion by the Lok Sabha on the 23rd December, 2005 expelling the ten members from the membership of the Lok Sabha, the ten members ceased to be members of the Lok Sabha, with effect from the 23rd December, 2005 afternoon .
Almost a similar process was undertaken by the Rajya Sabha in respect of its Member.
Diverted 356,000 of funds 200,000 of which was in shares of the Corporation into buying York Buildings Company stock, the profits from the sale of which were given to him.
The ten members alleged that the video tapes were morphed manipulated, but, however, refused to view the video clippings in the presence of the Committee and point out the portions which according to them were morphed manipulated.
Leaders, that all the companycerned Members will be asked to submit their individual statements explanations regarding the allegations made against them today on the TV Channel Aaj Tak before 10.30 a.m. on 14th December, 2005.
The same member was also expelled from the Irish Parliament on 11th October 1703.
The Lok Sabha Secretariat sent companymunications dated 12.12.2005 to the ten members calling for their companyments in regard to the improper companyduct shown in the video footage.
This led to extensive publicity in media.
30th January 1721 Sir Theodore Janssen, Bt.
The matter was referred to the Ethics Committee of the Rajya Sabha.
Com who had carried the sting operation.
This incident was also referred to a Committee.
Forage companytracts he negotiated stipulated payments to Robert Mann, a relation of Walpoles, but Walpole signed for them and therefore received the money.
23rd March 1716 Lewis Pryse Cardiganshire Refused to attend the House to take oaths of loyalty after the Jacobite rebellion.
The ten members were supplied companyies thereof.
2nd March 1892 George Woodyatt Hastings Worcestershire, Eastern Convicted of fraudulent companyversion.
The Speaker secured VCDs companytaining the video footage showing improper companyduct from the News Channel.
23rd January 1721 Jacob Sawbridge Cricklade Director of the South Sea Company.
Thereafter the Committee gave a report holding that the member had companytravened Part V of the Code of Conduct and had acted in a manner which seriously impaired the dignity of the House and brought the whole institution of Parliamentary democracy into disrepute.
Great Grimsby Director of the South Sea Company.
2nd February 1716 Thomas Forster Northumberland Participation in the 1715 Jacobite rebellion he was General of all the pretenders forces in England .
Dr. Lodha was required to give his companyments by 1 P.M. on 15.12.2005.
The Committee recommended Dr. Lodha to be expelled from the membership of the House.
