VIJAY LAXMI,AMRESHWAR PRATAP SAHI, JJ. - (1.) Heard Shri Ved Prakash Nag, learned counsel for the petitioner.
(2.) The petitioner claims himself to be the President of the Peace Party which is a political party. He urges that the respondents no.2 and 3, who were members of his party have allegedly defected and joined another political party as a result whereof they have incurred disqualifications keeping in view the provisions of the Tenth Schedule appended to the Constitution of India. For this, a petition has been filed before the Speaker of the UP Legislative Assembly and which is pending consideration without any orders. Keeping in view the prayers made in this petition, a direction be issued to the Speaker of the Assembly for taking a decision in this regard.
(3.) The petition has been opposed by Shri Abhinav N. Trivedi, learned counsel on behalf of the State contending that such a direction would not be permissible keeping in view the provisions of Article 212 of the Constitution of India read with Rule 6 of the Tenth Schedule of the Constitution of India. Both the aforesaid provisions are extracted herein under: "212. Courts not to inquire into proceedings of the Legislature.- (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers." Rule 6 of the 10th Schedule to the Constitution of India: "6. Decision on questions as to disqualification on ground of defection.-(1) If any question arises as to whether a member of a House has become subject to disqualification under this schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final. ;