NESAMONY Vs. VARGHESE

JUDGEMENT

(1.) This is an appeal from the decision of Mr. Justice Govinda Pillai in O.P. No. 11 of 1950. The learned Judge dismissed the petition and the petitioner has, therefore, come up in appeal before this court.

(2.) The question raised in the Original Petition related to the construction of Art. 385 of the Constitution of India with reference to the position of the Speaker of the Legislative Assembly of this State. The Speaker is the sole respondent in this appeal. He is represented by the learned Advocate General.

(3.) The prayer in the Original Petition was for the issue of a writ in the nature of a quo warranto calling upon the respondent to show cause under what right or authority he is holding office and exercising the powers of the Speaker of the Legislative Assembly of the State. The contention urged on behalf of the appellant is that the office of the Speaker became vacant when the new Constitution of India came into force and that it should have been filled by a fresh election. The appellant has raised this question in the Legislative Assembly when it met under the Constitution, but his objection was over ruled by the respondent Speaker who held that a fresh election was not necessary. Having failed to gain his point, he is seeking legal redress by invoking the powers vested in the High Court to issue writs.