( 1 ) THE petitioner, a member of the West Bengal Legislative Assembly feels that the first session of the West Bengal Legislature, in the year 1965-66, has not legally begun and has moved this Court, under Article 226 of the Constitution, for a writ of Mandamus upon respondents Speaker and Deputy Speaker of the West Bengal Legislative Assembly directing them to forbear and refrain from presiding over or guiding or conducting the business of the said Assembly and also for a writ of Mandamus upon the respondent Assembly directing it to refrain from conducting any business until such time as the Assembly be properly begun and also for a declaration that the proceedings of the respondent Assembly, in so far pretended to be held from February 8, 1965, be declared to be void, illegal and of no effect.

( 2 ) THE circumstances, in the background of which the petitioner has moved this Court, are hereinafter recounted in brief. The State of West Bengal has two Houses of Legislature, namely, the Legislative Council and the Legislative Assembly. Article 176 of the Constitution provides:" (1) At the commencement of the first session after each general election to the Legislative Assembly and

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