- (1.) THE writ petition was heard on 24th May, 1999 and by our order of even day the same was dismissed for the reasons to be recorded later on. We. there fore, set out the following reasons for dis missing the writ petition.
(2.) TAKING concern of the political in stability and changing loyalties of the elected representatives of people, the petitioner feeling betrayed has ap proached this Court under Article 226 of the Constitution of India for issuance of a writ of mandamus commanding the Elec tion Commission on India i. e. opp. party No. 2 to hold due enquiry as provided under Article 192 of the Constitution of India and declare opposite parties 3 to 32 as disqualified. The petitioner has alleged that during the elections the voters (Citizens) cast their votes to a candidate who contest the -election on the ticket of a political party in which the voter has faith, and therefore, if such a person who returns in election on the ticket of a party has no right to leave that party after being elected either by joining any other party or by forming a new party. In furtherance of this argument it has further been submitted that such a conduct of the elected representatives is not in keeping with the democratic prin ciples and ii also belies the faith of the people.
(3.) THE petitioner has brought on record the names of the parties on whose tickets the Respondent Nos. 3 to 33 had contested the elections and the voles polled in their favour. It had also been brought on record that earlier in the State of Uttar Pradesh the Government was formed with the alliance of Bhartiya Janta Party and Bahujan Samaj Party with an understanding that during the first six months a member belonging to Bahujan Samaj Party would be the Chief Minister and thereafter for the next six months a member belonging to Bhaniya Janta Party would be the Chief Minister and in conse quence of the mutual agreement Km. Mayawati became the Chief Minister of Ullar Pradesh on 21-3-1997 and func tioned as such till 20-9-97. After expiry of about six months Sri Kalyan Singh became the Chief Mini ster as a Bhartiya Janta Party leader and a dispute among the leaders of Bahujan Samaj Party (BSP) and Bhartiya Janta Party (BJP) arose as a result of which the BSP withdrew the support from the BJP on 13-10-1997 and on which Sri Kalyan Singh was asked to prove the majority in the house at a Special session on 21-10-1999, on which date he succeeded in prov ing the majority in his favour by securing majori of the votes.;