JUDGMENT

Y.K. Sabharwal, CJI. - These petitions challenge the legality of orders passed by the Speaker of Haryana Legislative Assembly (for short, ‘the Assembly’) disqualifying petitioners from being members of the Assembly. The impugned orders have been passed in exercise of the powers conferred on the Speaker under the Tenth Schedule to the Constitution of India. Four petitioners (Writ Petition Nos.290, 291, 293-294 of 2004) were independent members of the Assembly. Petitioner–Jagjit Singh (W.P.No.287 of 2004) belonged to a political party named ‘Democratic Dal of Haryana’. He was a lone member representing his party in the Assembly. Petitioner- Karan Singh Dalal (W.P.No.292 of 2004) was a lone member of a political party named ‘Republican Party of India’ in the Assembly.

2. The petitioners were elected to the Assembly in election held in February, 2000. All impugned orders disqualifying the petitioners were passed on 25th June, 2004. The voting for election to Rajya Sabha took place on 28th June, 2004. The petitioners, however, could not vote in the said election, having ceased to be the members of the Assembly with immediate effect.

3. The challenge to the orders of disquali