P.S.Mishra and B.Prasad JJ.

1. The petitioner claiming to represent vox populi has filed the instant application for a writ in the nature of quo warranto or any other appropriate writ, order or direction to issue to the respondents quashing the oath administered to respondent No. 4 by the Speaker of Bihar Vidhan Sabha as a member of the said Sabha and restraining respondent No. 4 from sitting and participating in the proceedings thereof.

2. The petitioner has stated that he is a social and political worker, a former member of the Legislative Assembly and an office-bearer of the Bhartiya Janta Party, Bihar Pradesh. According to the petitioner Shri Satya Narain Dudhani was elected from 280-Tondi Assembly Constituency of the State of defeating respondent No. 4 Sri Uday Kumar Singh in the general assembly election held in March 1985. Shri Satya Narain Dudhani was declared elected on Bhartiya Janta Party Ticket on 7.3.1985. Respondent No. 4 (Uday Kumar Singh) challenged Shri Satya Narain Dudhanis election by filing an election petition (Election Petition No. 1 of 1988) at the Ranchi Beach of this Court on grounds inter alia of illegalities and irregularities alleged to have been