JAGDISH SAHAI,J. - (1.) JUDGEMENT Shri Virendra Swarup (hereinafter referred to as the petitioner) has approached this Court under Article 226 of the Constitution of India and has prayed for the issue "of an order, direction or writ in the nature of certiorari" to quash the order contained in letter dated 13-5-1968 (annexure 2) and for "an order, direction or writ in the nature of mandamus directing the respondents not to implement or give effect to the aforesaid order". There is also the prayer for a writ of mandamus directing the respondents Nos. 1 and 2 not to withhold the amenities and emoluments of the petitioner as Deputy Chairman of the Legislative Council so long as he continues to be the member of the Council. In addition there is the usual prayer for the issue of any other writ or direction as this Court may in the circumstances of the case deem it fit and proper to issue.
(2.) THE respondent no. 1 is the President of India, the respondent no. 2, the Governor of U. P., the respondent no. 3, the State of U. P. and the respondent no. 4, Sri Darbari Lal Sharma. The petitioner was elected as member of the U. P. Legislative Council (hereinafter referred to as the Council) for six years on 6th of May, 1962 from the Graduates Constituency. On 16th of February, 1965, he was elected the Deputy Chairman of the Council. On the completion of six years, a fresh election was held to elect a member to the Council from the same constituency on 21st April, 1968. The counting of votes took place on 22-4-1968 and the petitioner who was a candidate was declared elected having secured the largest number of votes. The notification notifying the election of the petitioner issued under Section 74 of the Representation of the People Act was made on 6th of May, 1968.
(3.) ACCORDING to the petitioner, the Governor of U. P. directed Sri Parmatma Saran Pachaury, Secretary of the Council to announce that Sri Darbari Lal Sharma was to function as the Deputy Chairman also from 6th of May 1968. Thereupon Sri Pachauri issued letters to the members of the Council on 13th of May, 1968. The letter reads: "Mujhe apko yeh soochit karne ka adesh hua hai ki Sri Rajyapal ne Bharat Ka Sambidhan ke anuchchhed 184 ke khand (1) dwara prapta adhikaron ka prayog karte hue Sri Darbari Lal Sharma sadasya, Vidhan Parishad ko dinank 6 May, 1968 se Vidhan Parishad ke Sabhapati pad ke kartavyon ko palan karne ke lie niyukta kia hai." (Underlined (here into ) by us). It is said that the word Sabhapati has been wrongly written for Up-Sabhapati in this letter. Our original impression was that in a hurry this letter though relating to the appointment of Sri Darbari Lal Sharma as Chairman of the Council has wrongly been filed in this case. We thought that the petitioner must have received in his capacity as a member the letter appointing Sri Darbari Lal Sharma as Chairman and the one authorising him to perform the functions of the Deputy Chairman and inadvertently the wrong letter was filed. However, in view of what we have been told at the Bar we proceed on the assumption that in this letter the word Sabhapati has been wrongly written for Up-Sabhapati. ;