B. C. Basak, C. J.- These two writ petitions have been filed by three petitioners for declaration that the impugned resolution/order of the Bihar Legislative Assembly (hereinafter referred to as 'the Bihar Assembly') dated 25th March, 1992, and the notification of the Assembly dated the 25th of March, 1992, issued under the signature of the Secretary of the Assembly are unconstitutional, ultra vires, illegal and inoperative and that the same be quashed and for a writ of mandamus restraining the respondents from enforcing the same.

2. FACTS

2.1 The original resolution in Hindi is quoted herein below:-

iz’u ;g gS&

^^fd ekuuh; lnL; loZJh cPpk pkScs] ‘kdquh pkS/kjh ,oa vouh’k dqekj flag dks lnu dh voekuuk ds vkjksi esa lnu dh lnL;rk lekIr dh tk;sA**

izLrko Lohd`r gqvkA**

eSa le>rk gw¡ fd ;g izLrko fcuk fdlh fojks/k ds loZ&lEefr ls ikfjr gqvkA

¼bl volj ij lnu esa FkiFkihA½

2.2. The official English translation of the same is quoted herein-below:-

"The question is this:-

"That the membership of Hon'ble members Sarbshree Bachba Chaubey, Sakuni Chaudhary and Avanish Kumar Singh may be terminated on the charge of the contempt of the House"

Proposal approved

I understand that this proposal has been passed unanimously without any protest.

(Thumping in the Assembly at this occasion)."

2.3. The said notification in Hindi provides as follows:-

vf/klwpuk

iVuk fnukad 25 ekpZ] 1992 bZŒA

la[;k&dkfeZd&42@92&822@foŒ lŒA loZ&lk/kkj.k dh tkudjh ds fy, ;g izdkf’kr fd;k tkrk gS fd lnu esa fnukad 24-3-92 ,oa 25-3-92 dks fcgkj fo/kku&lHkk izlhek ,oa lnu esa ekuuh; v/;{k egksn; ds lkFk gq, nqO;Zogkj] v’kksHkuh; ?kVuk ,oa lnu dh voekuuk ds vkjksi esa ekuuh; lnL; Jh jesUnz dqekj us ekuuh; lnL; Jh cPpk pkScs] {ks= la[;k&21 ¼dVS;k½ Jh ‘kdquh pkS/kjh {ks= la[;k 179 ¼rkjkiqj½ ,oa Jh vouh’k dqekj {ks= la[;k&14 ¼<kdk½ dks fo/kku&lHkk dh lnL;rk lekIr djus dk izLrko j[kk ftls lnu }kjk loZ&lEer ls ikfjr fd;k x;kA

;g vkns’k fn;k x;k fd ekuuh; lnL; loZJh cPpk pkScs] ‘kdquh pkS/kjh ,oa vouh’k dqekj flag dks lnu dh voekuuk ds vkjksi esa mudh lnL;rk fnukad 25-3-92 ds vijkg~u ls lekIr dh tkrh gSA

v/;{k] fcgkj fo/kku&lHkk ds vkns’k ls]

gŒ ;qxy fd’kksj izlkn

lfpo]

fcgkj fo/kku&lHkk

2.4. The official English translation of the same is given hereinbelow:-

"Notification

Patna, Dated 25th March, 1992.

No. Personnel-42/92-822/L.A. It is published for the information of the general public that on the charges of misbehaviour with the Hon'ble Speaker and occurrence and contempt of the House, having been committed in the Bihar Legislative Assembly premises, as also in the House on 24.3.92 and 25.3.92 the proposal by Shri Ramendra Kumar, Hon'ble Member for termination of membership from the Legislative Assembly in respect of Hon'ble members Shri Bacha Chaubey, Area No. 21 (Kateya), Shri Sakuni Chaudhary, Area No. 179 (Tarapur) and Shri Avaneesh Kumar Singh, Area No. 14 (Dacca) was passed unanimously by the House.

Order was passed to the effect that membership of Hon'ble Members, Sarb-shree Bacha Chaubey, Sakuni Chaudhary and Avaneesh Kumar Singh is terminated from the Legislative Assembly from 25.3.92 in the afternoon on charge of contempt of the House.

By order of the Speaker

Bihar Legislative Assembly,

Sd/- Jugal Kishore Prasad,

Secretary,

Bihar Legislative Assembly."

2.5 We ought to point out that charges/allegations against these three petitioners cannot be found in any definite form or at one place as there was no formal charge or allegation formulated but the resolution was adopted on 25.3.92 after certain discussions, took place and various allegations were made in the Assembly on that day by various members including the Speaker. It may be pointed out in this context that although reliance was placed in the impugned notification to some alleged occurrences, in the House as also the Assembly premises, on the 24th March, 1992, as a matter of fact there was no proceeding of the Assembly on that day excepting passing a condolence resolution. This would be apparent from the document produced on behalf