S.N.SAHAY, J. - (1.) This is a petition under Art. 226 of the Constitution for a writ of certiorari to quash the order dated 6/12/1991 passed by respondent No. 1 as contained in Annexure-14.
(2.) The facts of the case, which have been set out in the writ petition, may be briefly stated as follows. The petitioner was elected to the U.P. Legislative Assembly in the elections held in May/June, 1991. The petitioner had contested on the Janta Dal ticket. The Janta Dal is a National Party, recognized by the Chief Election Commissioner. In the Legislative Assembly the Janta Dal having 92 members emerged as the largest opposition party. The petitioner was elected as the Leader of Janta Dal Legislative Party in the Legislative Assembly on 25/06/1991. He was recognised as Leader of opposition by respondent No. 1, who is Speaker of the Legislative Assembly. On 25/11/1991 a letter was sent by 51 members of the Janta Dal Legislature Party in the Legislative Assembly to respondent No. 1 intimating that they have unanimously decided to remove the petitioner from the post of Leader of their party and as such the petitioner should not be recognized as Leader of the Janta Dal Legislature Party. This was contested by the petitioner in a letter dated 29th Nov. 1991 sent by him to respondent No. 1. He stated that there are 91 members of Janta Dal in the Legislative Assembly and 12 members in the Legislative council and the total number of members of the Janta Dal Legislature party is 103. The petitioner contended that no action should be taken on the aforesaid letter as the assent of at least 52 members was required for removing the petitioner from the post of Leader of Party. The petitioner had earlier sent a letter dated 26th Nov. 1991 to respondent No. 1 requesting him to declare 14 members of the Janta Dal Legislature Party including respondent No. 2 Sri Rewati Raman Singh, as unattached members on the ground that they have been expelled from the membership of the party. In the letter dated 29/11/1991, the petitioner reiterated that these 14 members may immediately be declared as nor-attached members. The respondent No. 1 directed the petitioner to furnish certain information as required under Rule 3 of the Members of U.P. Legislative Assembly (Disqualifications on ground of Defection) Rules, 1987. The information was duly furnished by the petitioner. After that the respondent No. 1 gave an opportunity to the petitioner and the 14 members concerned to appear and present their case before him. The impugned order dated 6/12/1991 Annexure-14 was thereafter passed by respondent No. 1 after hearing the parties concerned.
(3.) It is stated in the impugned order that a show cause notice was issued to the 14 members concerned in view of the letter of the petitioner dated 26/11/1991. Their reply was received on 16/12/1991, in which their expulsion from the membership of the Janta Dal Legislature Party was challenged. In the meantime, 56 members of the Janta Dal Legislature Party Physically appeared before respondent No. 1 on 5/12/1991 and informed him that the Leader of the Party in the Legislative Assembly would be respondent No. 2 in place of the petitioner. The matter was considered by respondent No. 1, who after entering into a detailed discussion of the same, proceeded to pass the impugned order. It was held by respondent No. 1 - (1) That a division has taken place in the U.P. Janta Dal Legislature Party before 25th Nov. 1991 and now there are two groups, which are transacting their business under the leadership of different persons and, therefore, it is directed that the group consisting of those members whose Leader is Sri Kailash Nath Singh Yadav, shall be recognized as Janta Dal (A) and the other group, whose Leader is Sri Rewati Raman Singh shall be recognized as Janta Dal (B) in the U.P. Legislative Assembly till further orders: (2) That it is not necessary to give any decision with regard to the unattached status of 14 members, who are alleged by the petitioner to have been expelled; (3) That since Janta Dal (B) has the largest numerical strength in the U.P. Legislative Assembly, its Leader respondent No. 2 shall be recognized as Leader of opposition. (4) That the list of those 56 members, who have accepted Sri Rewati Raman Singh as their Leader and have been recognized as Janta Dal (B) is contained in Appendix-1 and the remaining 35 members of the Janta Dal in the U.P. Legislative Assembly shall be recognized as Janta Dal (A).;