JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioner and Mr. Anil Kumar, learned counsel appearing for the respondent No. 2. The argument was concluded on 25.08.2023 and the judgment was reserved on that day.

2. This petition has been filed against the order dated 13.08.2009, contained in Annexure-3, issued by the respondent No. 1, who was the Speaker, Jharkhand Legislative Assembly, while exercising powers under 10th Schedule of the Constitution of India and Clause-2 of the same, in particular for allegedly violating the ‘Whip’ issued by the then President of Jharkhand Party directing the petitioner to support the United Progressive Alliance (hereinafter referred to as ‘U.P.A.’) Government headed by Shri Shibu Soren in the vote of confidence in the Jharkhand Assembly and to cast vote in favour of U.P.A. candidates for the post of Chief Minister, whereby, he has been pleased to disqualify the petitioner being a Member of Jharkhand Legislative Assembly and has ceased to be the Member of the same with effect from the date of the impugned order dated 13.08.2009.

3. Mr. Rajendra Krishna, learned counsel appearing for the petitioner submitted that the petitioner had contested election for Membership of the Legislative Assembly from Kolebira Assembly Constituency as a candidate from the Jharkhand Party and was declared elected vide order of the Returning Officer dated 27.02.2005. He submitted that on 01.03.2005, Sri N.E. Horo issued ‘Whip’ directing the petitioner to support U.P.A. Government. On 02.03.2005, Shri N.E. Horo withdrawn letter dated 01.03.2005, issuing ‘Whip’ directing the petitioner to support U.P.A. and on the even date, another letter had been issued by Shri N.E. Horo stating that the earlier letter dated 02.03.2005 was obtained under duress. He further submitted that on 05.03.2005, the Party resolved for suspending Shri Lal Ran Vijay Nath Shahdeo and two others Members of the party for six years. He further submitted that the act of Shri N.E. Horo was condemned in the meeting of the Central Working Committee and the District Committee Members on 06.03.2005 and Shri N.E. Horo was suspended from the party on 07.03.2005. He further submitted that Shri Ashok Kumar Bhagat, Central General Secretary, informed the Chief Election Commissioner about the suspension of Shri N.E. Horo on 09.03.2005. He submitted that Shri Lal Ran Vijay Nath Shahdeo on 09.03.2005 after selected as New Party President, issued ‘Whip’ to the petitioner to support the National Democratic Alliance (hereinafter referred to as N.D.A.). On 09.03.2005 itself, N.E. Horo wrote a letter to the Protem Speaker praying that action be taken against the petitioner (Anosh Ekka) as per the 10th Schedule of the Constitution of India for not following the party resolution dated 01.03.2005. He further submitted that the petitioner took oath on 10.03.2005 as a Member of Legislative Assembly and consequently made a Cabinet Minister. The petitioner on 15.03.2005, casted his vote on the floor of the House in support of the N.D.A. He further submitted that in a biennial conference, held on 29.03.2005 of the Jharkhand Party, attended 730 active members, 21 office bearers selected the petitioner-Anosh Ekka as the President. He also submitted that on 31.03.2005/01.04.2005, biennial conference held by Shri N.E. Horo resolving himself to be the President of the Party along with 29 other members. He further submitted that the petitioner has moved before this Court with a prayer for taking a decision on his candidature and by order dated 20.05.2005, the High Court reque