#FORTHWITH VS POST HASTE PRO#
(4) The result of the floor test would be announced by the pro tern Speaker faithfully and truthfully. (3) It is emphasised that the proceedings in the Assembly shall be totally peaceful, and disturbance, if any, caused therein shall be viewed seriously. (2) The only agenda in the Assembly on 11-3-2005 would be to have a floor test between the contending political alliances in order to see which of the political parties or alliance has a majority in the House and hence a claim for Chief Ministership. the next day and on that day the vote of confidence to be put to test. We direct the session to continue and on 11-3-2005 i.e. (1) The session of the Jharkhand State Assembly has already been convened for 10-3-2005 on which day the newly elected Members of the Legislative Assembly shall be administered oath.
Though many a relief has been sought for in the writ petition, as also in the application for grant of ex parte stay, for the present, we are satisfied that a strong prima facie case on the averments made in the petition duly supported by affidavit, has been made out to issue the following interim directions and we order accordingly: It is submitted that the stage for such nomination is not yet ripe and such a nomination may have the effect of tilting the balance of power as also may be vitiated inasmuch as a writ of quo warranto has been sought for against the present Chief Minister and the appointment will be on his recommendation.ĥ. It is also pointed out that in exercise of the power conferred by Art.333 of the Constitution the Governor is likely to nominate one member of the Anglo - Indian community to be a member of the Legislative Assembly.
It is pointed out that the Governor in exercise of his constitutional power appointed a pro tern Speaker of the Legislative Assembly who is comparatively a junior member of the Legislative Assembly and it is submitted that though various senior members were available and as per constitutional convention the seniormost member should have been appointed as a pro tern Speaker, but that convention has been given a go by. At the very outset it is stated by the learned counsel for the petitioner that after the filing of the petition further developments have taken place and a few developments are in the offing, as reported by the media. Also perused the decision of this Court in Jagdambika Pal v. Mathur, Advocate for Respondents 3 and 4. Singhvi, learned Senior Counsel assisted by Mr A. We have heard Mr Mukul Rohatgi, learned Senior Counsel assisted by Ms Pinki Anand, Advocate for the petitioner as also Dr. Issue notice in the petition as also on the application for stay.ģ. The Court directed the matter to be listed for hearing today at 1.40 p.m.Ģ. for being taken up for hearing on the same day. This petition was filed on 7-3-2005 and also mentioned at about 1.00 p.m.