Alok Singh, J.

Since in the present special appeal as well as in the writ petition, identical questions of fact and law are involved, therefore, with the consent of learned counsel for the parties, special appeal and writ petition were taken up for hearing together and are being disposed of by this common judgment.

2. Present appeal is filed assailing the judgment and order dated 9.7.2013 passed by the learned single Judge of this Court, whereby writ petition No. 1066 of 2013 (M/S) was dismissed.

3. Writ Petition No. 1066 of 2013 (M/S) was filed before the learned single Judge of this Court assailing Ordinance No. 01 of 2013 known as The Uttarakhand State Legislature (Prevention of Disqualification) (Amendment) Ordinance, 2013 notified vide notification No. 178/XXXVI (3)/2013/36 (2)/2006 dated 13.4.2013, and further seeking a mandamus declaring respondent No. 4, namely, Dr. Harak Singh Rawat, to be disqualified for being member of Uttarakhand Legislative Assembly in view of Article 191 of the Constitution of India.

4. During the pendency of the present appeal, the Uttarakhand State Legislature (Prevention of Disqualification) (Amendment) Act, 2013 (Uttarakhand Act No. 32 of