B.N.Banerjee, J. - (1.) The petitioner, a member of the West Bengal Legislative Assembly, feels that the first session of the West Bengal Legislature, in the year 1965-66, has not legally begun and has moved this Court, under Article 226 of the Constitution, for a Writ of Mandamus upon respondents Speaker and Deputy Speaker of the West Bengal Legislative Assembly directing them to forbear and refrain from presiding over or guiding or conducting the business of the said Assembly and also for a Writ of Mandamus upon the respondent Assembly directing it to refrain from conducting any business until such time as the Assembly be properly begun and also for a declaration that the proceedings of the respondent Assembly, in so far pretended to be held from February 8, 1965, be declared to be void, illegal and of no effect.
(2.) The circumstances, in the background of which the petitioner has moved this Court, are hereinafter recounted in brief. The State of West Bengal has two Houses of Legislature, namely, the Legislative Council and the Legislative Assembly. Article 176 of the Constitution provides: "(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year the Governor shall addresss the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matter referred to in such address." Chapter V of the Rules of Procedure and Conduct of Business in the West Bengal Legislative Assembly (hereinafter referred to as the Rules of Procedure), framed under Clause (1) of Article 208 of the Constitution, contains rules for Governor's address and messages to the Legislature, from which I need notice Rules 16, 17, 18, 19(2) and (3), 20, 22 and 23. "16. (1) On the day and the hour appointed for the commencement and holding of the first session of the Assembly in each year not being the first meeting after a dissolution, or as soon thereafter as may be and in the case of a session after a dissolution on the first sitting of the Assembly after the election of the Speaker, the Governor will address the Assembly as required by Article 176 of the Constitution. (2) After the delivery of the speech by the Governor, the Speaker shall report to the Assembly that the Governor had been pleased to make a speech and shall lay a copy of the speech on the Table."
(3.) On such report being made notice may he given of a motion that a respectful Address be presented to the Governor in reply to his speech expressing the thanks of the Assembly for the speech delivered by him.;