JUDGMENT - D.R. Dhanuka, J. :—-The petitioner is a Member of the Legislative Assembly of the State of Goa duly elected from Mapusa Constituency. The respondent Nos. 2 and 5 are also Members of the said Legislative Assembly. On 16th January, 1995, the respondent No. 5 was declared elected as the Honourable Speaker of the said Assembly. By this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the election of respondent No. 5 as Speaker of respondent No. 1 Assembly on various grounds set out in the petition and has sought various reliefs as set out in prayer clauses of the petition. The learned Counsel for the respondents Nos. 1, 3 and 4 has contended at the outset that this Hon'ble Court has no jurisdiction to entertain this petition in view of the constitutional bar contained in Articles 212(1) and 212(2) of the Constitution of India.

2. We shall consider the various submissions made by the learned Counsel on either side in due course.

3. The Governor of Goa had appointed respondent No. 2, a Member of respondent No. 1 Assembly, as a 'Pro-tem Speaker' as permissible under Article 180(1) of the Constitution of India. The respondent No. 2 has d

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