FAREED MAHFOOZ QIDWAI Vs. SPEAKER U P

JUDGEMENT

(1.) We have heard learned Counsel for parties at length on their appearance towards the notice dated 07.09.2011 issued by this Court. The said order on reproduction reads as under:

(2.) Shri Umesh Chandra, learned senior Advocate, submitted that on 09.05.2011, the Petitioner, a Member of Ruling Party called Bahujan Samaj Party, made an announcement in Lucknow in a press conference that he would resign from the membership of U.P. Legislative Assembly from Masauli Constituency situated in District Barabanki. Thereafter, he went to his Constituency and from there addressed his resignation letter to the Speaker, U.P. Legislative Assembly, on the same day, through a courier service called 'Blue Dart Courier' vide shipment No. 60105567970. However, that letter could not be delivered and as such it was returned to the Petitioner on 11.05.2011. Thereafter, on 12.05.2011, the Petitioner again sent the same letter of resignation through courier vide shipment No. 13136565794 from Barabanki. However, the courier again could not be delivered as the office of the Speaker is said to be situated in No. Entry Zone and thus it was returned to the Petitioner on 17.05.2011. In the meantime, the Petitioner also sent a copy of his resignation through fax on 12.05.2011. Thereafter, the Petitioner came to know through some newspapers (Lucknow Edition) of 12.05.2011 and 13.05.2011 that a petition for declaring him disqualified from the membership of U.P. Legislative Assembly was filed before the Speaker on 11.05.2011 by opposite party No. 2.

(3.) Now, the one and only issue raised by learned senior counsel before us is that since the resignation letter and application declaring for disqualification of the Petitioner are pending before the Speaker it would be appropriate in the light of the Rules of Allocation of Business of House that the Speaker may be directed to decide the issue of acceptance of resignation before he takes up the application for declaration of disqualification of the Petitioner. Learned senior counsel submitted that the seat of Petitioner in the present facts and circumstances of the case shall stand vacated only under Article 190(3)(a) & (b) and Article 191(2) of the Constitution, which on reproduction read as: