- (1.) THIS writ petition was filed before a learned Single Judge by the Jharkhand Party, but was referred to the Division Bench by the learned Single Judge by his order dated 21st April, 2005 having regard to the fact that several important questions of law relating to the interpretation of various constitutional provisions had been raised in the writ petition. The matter was thereafter taken up by the Division Bench and notices were issued to all the respective parties. All the parties were duly represented by their learned counsels and submissions were advanced on all of their behalf.
(2.) IN the writ petition, the writ petitioner has prayed for the following reliefs : (i) 'For issuance of an appropriate writ/order/direction, including a writ of certiorari, to quash the election of Sri Inder Singh Namdhari (Respondent No. 2) as Speaker of the Jharkhand Legislative Assembly, being elected illegally, malafidely and contrary to Tenth Schedule of the Constitution of India. (ii) And, in the alternative to prayer (i) above; for issuance of appropriate writ/order/directiori, including writ of mandamus, directing respondent No. 2 to decide the issue of disqualification of respondent No. 4 within a week. (iii) For issuance of any other writ (s)/ order(s)/direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case for doing justice to the petitioner'. Appearing on behalf of the writ petitioner, Mr. R.K. Anand, learned senior counsel, urged that the writ petitioner was a registered un -recognized political party and included at serial No. 345 in Table III of the List published by the Election Commission of India. As such political party, the writ petitioner had contested the recent election to the Legislative Assembly in the State of Jharkhand and one of its members, namely, the respondent No. 4, Sri Enos Ekka was elected a member of the Assembly as would be evident from the Certificate issued by the Returning Officer on 27th February, 2005, which has been made annexure 1 to the supplementary affidavit affirmed on 30.3.2005 by Sri N.E. Horo on behalf of the petitioner Un his capacity as the President of the petitioner party.
(3.) ACCORDING to the petitioner, the Legislative Assembly was convened after an invitation was extended by the Governor of Jharkhand to Sri Arjun Munda, MLA of the Bharatiya Janata Party (BJP) to form the Government of Jharkhand. It is also the case of the writ petitioner that Sri Kariar Munda, MLA of the Bharatiya Janata Party was nominated as Protem Speaker to preside over the House till the election of the Speaker was held and a new Speaker of Jharkhand Assembly was elected.;