Five members of the Nagaland Legislative Assembly have filed writ petition, Civil Rule No. 2421 of 1990 under Article 226 of Constitution of India seeking a writ of Mandamus directing first respondent, Speaker, Nagaland Legislative Assembly, second respondent, Secretary, Nagaland Legislative Assembly, and third respondent, State of Nagaland to cancel, withdraw or forbear from giving effect to order dated 15.12.90 passed by the first respondent, a copy of which is appended in Annexure 6, whereby he declared that the petitioners have become subject to disqualification under the Tenth Schedule of the Constitution of India.

2. The petitioners on 21.12.90 filed Transfer Petition (Civil) No. 40 of 1991 and the Supreme Court stayed the proceedings in this Court until further orders. Constitutionality of the ouster of jurisdiction of Courts to review order passed by Speaker under Tenth Schedule, availability of judicial review and other questions, arising in this and other similar petitions pending before several High Courts were considered and the Supreme Court through a Constitutional Bench laid down the law by order dated 12.11.91. The Supreme Court also observed that th