Ramesh Kumar Datta, J.

1. The petitioner seeks the intervention of this Court by issuing a writ/order/direction in the nature of certiorari for quashing the order dated 26.3.2008 passed by the Chairman, Rajya Sabha in exercise of powers conferred by para-6 of the Tenth Schedule to the Constitution by which he has disqualified the petitioner in terms of para-2(1)(a) of the Tenth Schedule to the Constitution of India and for further consequential reliefs and directions.

2. The petitioner was elected to the Rajya Sabha by the Legislative Assembly of the State of Bihar in 2004 as a candidate of the Bhartiya Janata Party (BJP) which is a recognized political party and also the main opposition party in the Rajya Sabha. On 22.12.2005, the respondent No. 5, Smt. Sushma Swaraj, the Deputy Leader, BJP Parliamentary Group in the Rajya Sabha filed a petition under Rule 6 of the Members of Rajya Sabha (Disqualification on the Ground of Defection) Rules, 1985 for disqualifying the petitioner under the Tenth Schedule to the Constitution of India. It was stated in the said petition that in the last Assembly election to the Bihar Vidhan Sabha held in October-November, 2005, the petitioner