V. CHITAMBARESH, J.

1. I will rather resign than face an ignominious exit thought - a Legislator. But the Speaker kept the resignation pending and disqualified the Legislator. Was this action justified and justiciable is the short question.

2. The first respondent is the Speaker of the Kerala Legislative Assembly of which the petitioner and the second respondent (who was later elected as the Chief Whip of the Kerala Government) are members. The second respondent moved Ext. P1 petition before the first respondent for disqualifying the petitioner in terms of Article 191 of the Constitution of India. The second respondent contended that the petitioner has voluntarily given up his membership of the political party to which he belonged and hence disqualified. As many as 19 acts of the petitioner were enumerated in Ext. P1 petition to show that the petitioner has incurred disqualification as per Para (1)(a) of the Tenth Schedule of the Constitution. The most prominent amongst the items is the letter written by the petitioner to the Speaker seeking permission to vote and absta