- (1.) Heard the learned counsel for the parties.
(2.) This intra-court appeal is directed against order dated 3rd September, 2010 passed by Single Bench, whereby writ petition filed by petitioner/appellant has been dismissed.
(3.) The petitioner filed a writ petition before Single Bench with the prayer that this Court may direct the respondent No.1, Speaker Rajasthan State Assembly, Jaipur to decide the application of the petitioner, wherein it was averred that he is a former MLA. He had submitted a petition under Para 2(1) of Schedule X and Article 191 of the Constitution of India on 21.4.2009 before respondent No.1, Speaker, Rajasthan State Assembly seeking disqualification of respondent No.2 Shri Girriraj Singh Mallanga, who was elected as a MLA of the 13th house of Rajasthan State Assembly from Bari constituency. The said petition was registered as Petition No.1/2009. Since Shri Mallanga had voluntarily given up the membership of his original political party BSP, which had set up him as a candidate in the elections, therefore, he bacame disqualified under Para 2(1) of Schedule X. Therefore, he is liable to be declared as disqualified by the Speaker in exercise of powers vested under Para 6 of Schedule X. The petition before Speaker is pending since long and he is not deciding it, therefore, it has become necessary to file the writ petition. The following prayer was made in the writ petition:- 1. That this Hon'ble Court may direct the respondent No.1 Hon'ble Speaker to decide the application of the petitioner applicant seeking releasing of petition no.1/2009 for its adjudication by the Hon'ble High Court on the next date of hearing 03.05.2010 (last date 26.02.2010) and thereafter conduct the proceedings on day-to-day basis if need be. 2. That in case of Hon'ble Court reaching to a satisfaction that Hon'ble Speaker will not comply with the directions within the time appointed for the purpose, the petition no.1/2009 may kindly be ordered to be withdrawn to this Hon'ble Court & thereafter decided by this Hon'ble Court in view of the position of law settled by the Hon'ble Supreme Court in the case of Rajendra Singh Rana Vs. Swami Prasad Mourya. 3, Any other relief or order which your honour may deem fit to be given to the petitioner in the facts & circumstances of the case, may kindly also be given. ;