Mohan, J. - (1.) Impelled by a desire to espouse a public cause, so the petitioner claims, this Writ Petition has come to be preferred. The cause relates to the motion of impeachment of Mr. Justice vs. Ramaswami, a Judge of this Court.
(2.) Notice was given by 108 members of the Ninth Lok Sabha for presenting an address to the President for removal of Mr. Justice vs. Ramaswami. On March 12, 1991 the motion was admitted. The Committee has constituted in terms of Section 3(2) of the Judges (Inquiry) Act. After the Committee rendered its finding the motion was to be taken up by the Members of Parliament for consideration on 10th May, 1993.
(3.) The petitioner alleges that he served on the Speaker of the Lok Sabha a nine page communication for circulation to the Members of the Parliament. On 8th May, 1993 the Congress (I) publicly announced the Members of Parliament to cast "a conscience vote" while the AIADMK party had announced that it would abstain from voting. The petitioner coming to know about the non-circulation of the petitioners papers by the Speaker, circulated the sets of the papers to the Press and the other media so that the Members of Parliament might know about these papers and demand it from the Speaker before casting the conscience vote. The petitioner urges that the Press did not publish and the other media did not announce the news of the papers presented to the Speaker. The impeachment proceedings were taken up. After the learned Counsel for the Judge concluded his arguments, the voting was to take place. The Congress party issued an oral whip to abstain from voting. It is in this abstention, which is questioned by the petitioner in this writ petition.;