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