U.L. Bhat, C.J. -- 1. After recent elections to the Madhya Pradesh Legislative Assembly, 5th respondent became the Chief Minister. By virtue of Art. 164 (4) of the Constitution of India, if the 5th respondent does not get elected as Member of the State Legislature within a period of six consecutive months, he shall cease to hold office. It is stated that the 5th respondent's brother who was elected to the Legislative Assembly from Raghogarh constituency, resigned, but on account of an election petition filed by the son of a defeated candidate Ramprasad Shivhare, the Chief Election Commissioner directed that by election would not be held for that constituency. It is alleged that 5th respondent offered inducement to Shri Ramprasad Shivhare to cause the election petition withdrawn, but without success. Second respondent who was elected to the State Legislature from Chachoda constituency, tendered his resignation on 16.3.94 on account of pressure and inducement offered by 5th respondent. According to the petitioner, the resignation was not accepted by the Speaker. It is alleged that the resignation was not voluntary or lawful and there was no acceptance in the eye of law. On thes