By the Court.—Heard Shri Ved Prakash Nag, learned counsel for the petitioner.

2. The petitioner claims himself to be the President of the Peace Party which is a political party. He urges that the respondents No. 2 and 3, who were members of his party have allegedly defected and joined another political party as a result whereof they have incurred disqualifications keeping in view the provisions of the Tenth Schedule appended to the Constitution of India. For this, a petition has been filed before the Speaker of the UP Legislative Assembly and which is pending consideration without any orders. Keeping in view the prayers made in this petition, a direction be issued to the Speaker of the Assembly for taking a decision in this regard.

3. The petition has been opposed by Shri Abhinav N. Trivedi, learned counsel on behalf of the State contending that such a direction would not be permissible keeping in view the provisions of Article 212 of the Constitution of India read with Rule 6 of the Tenth Schedule of the Constitution of India. Both the aforesaid provisions are extracted herein under:

“212. Courts not to inquire into proceedings of the Legislature.—(1) The validity of any p