A. A. DESAI, C. J.

( 1 ) ACCORDING to the petitioner, the respondent No. 2 is not one who was authorized by the Election Commission to fill in a seat in the Assembly in terms of Article 173 of the Constitution of India. He was not given an oath under Form VII (B) of the Third Schedule. On 14th and 15th March, 2002 respondent No. 2 as a leader of the Sadan exercised the privilege which is without authority of law. The respondent No. 2 has no right to sit in the Assembly as a Leader of the House. With such averments, on 16-5-2002, the petitioner prayed for a writ to the Speaker-respondent No. 1, not to permit the Treasury Bench or State of Uttaranchal to elect the Leader of the House who is not a Member of the Assembly and to permit him to participate in a general debate of the Legislative Assembly.

( 2 ) THE petitioner is principally seeking a prohibitory injunction against the Speaker of Assembly. However, as per the pleadings respondent No. 2 assumed office of Leader of the House on 14-3-2002, even before respondent No. 1 adorned the office of Speaker. Relief of injunction not to permit to elect as sought is thus futile. What is left out from the relief clause, is that the respond

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