G. K. MISRA, C. J.

( 1 ) THE writ application has been filed by 74 persons, they were all members of the orissa Legislative Assembly which was dissolve ed by the Proclamation dated 3rd march. 1973 issued by the President of India under Article 356 of the Constitution (hereinafter to be referred to as the Proclamation ).

( 2 ) THE substantial averments in the Writ application may be stated in short hereunder. Shri Bijayananda Patnaik alias Biju Patnaik (petitioner No. 1) was the leader of the pragati party and of the Opposition in the Orissa Legislature. Petitioners 1 to 71 are members of the Prasati party, peti-tioner No. 72 is an Independent member and petitioners Nos. 73 and 74 are mem-bers of the Jharkhand party. On 9th of January, 1971 the Swatantra jana Congress ministry resigned The resignation was forthwith accepted by the Governor without asking the Chief minister to carry on the administration until alternative arrangement was made. There was a constitutional void till 11th January, 1971 when a Proclamation under article 356 was issued. In a subsequent proclamation issued on 21st January. 1971 the President dissolved the Legislative Assembly. The mid-term election was he