JASWANT SINGH GURJAR Vs. HONBLE SPEAKER, RAJASTHAN VIDHANSABHA

JUDGEMENT

(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:-