(1.) AT the last general election of the Jammu and Kashmir Legislative Assembly held in July, 1977, the National Conference party was returned with a large majority. Those returned on the National Conference Ticket included S/Shri Malik Mohi-ud-Din and Mian Bashir Ahmad. Thereafter, Shri Malik Mohi-ud-Din was elected as Speaker of the Assembly on 8-9-1977 and continued to discharge his duties as such till 11-10-1980 when he was removed from office following a 'No confidence motion' moved against him.
(2.) ON 30-6-1980, Shri Ghulam Mohi-ud-Din, Secretary of the National Conference Legislature party represented to the Speakers that Shri Mian Bashir Ahmad had voluntarily given up the membership of the National Conference party and joined the Cong-I and that thereby he had incurred disqualification under Section 24-G of the J&K Representation of the People Act, 1957 (shortly 'the Act') for being a member of the Legislative Assembly. He prayed that appropriate action be taken under law in the matter. The Speaker issued a show cause notice to Sh. Bashir Ahmad. Shri Mian Bashir Ahmad submitted objections and denied having incurred any disqualification. Thereupon, on 27-10-1980 the Speaker referred the matter for decision to this Court as required under Section 70 of the Constitution of J&K (shortly the 'State Constitution'). The reference has been registered as C.M.P. No.509 of 1980. In the meantime, Shri Mian Bashir Ahmad moved a writ petition in this Court under Article 226 of the Constitution of India (shortly 'the Union Constitution') challenging the constitutional validity of Section 24-G of the Act and the action of the Speaker based thereon. The said petition has been registered as writ petition No.319 of 1980.
(3.) BEFORE us, the validity of Section 24-G of tile Act was challenged cm the following grounds :-
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