S.D.Singh, J. - (1.) This petition under Article 226 of the Con-stitution has been filed by Dr. A.J. Faridi, who was a Member of the U. P. Legislative Council. The three opposite parties in the petitions are Sri Raghunath Vinayak Dhulekar, Chairman, U. P. Legislative Council, the Secretary of the U. P. Legislative Council and the U. P. Legislative Council itself.
(2.) On nth February, 1960, Dr. Faridi and eight other members of the Council gave notice of the following resolution : "Sri Raghunath Vinayak Dhulekar, being unfit for the office of the Chairman of the Council, should be removed from the office" under Rule 143 of the Rules of Procedure and Conduct of Business of the Council. Under this rule a resolution for the removal of the Chairman can be moved only if the leave of the House is given for the purpose by 20 members of the House rising in support of the same when so required by the Chairman to do. The question relating to the leave was included as item No. 3 in the agenda for and March, 1960.
(3.) On 2nd March, 1960, Sri Raghunath Vinayak Dhulekar (to be referred to hereafter as Sri Dhulekar), the Chairman of the Council, was occupying the chair. After the first two items of the agenda were gone through, he put the question relating to, the leave for the aforesaid resolution to the house, and asked such of the members as were in favour of leave being granted rising in their seats; and on only 18 members rising, he announced that the leave had been refused. Dr. Faridi and others protested against Sri Dhulekar himself occupying the chair when this matter was put to the House, and later walked out. 'But we are not concerned in this petition with what happened after the Chairman had announced the decision of the House.;