1. We have heard learned counsel for the petitioner. We have also heard learned counsel for the caveators. On hearing them, the order which commends to us is as follows :

(i) A special session of the Uttar Pradesh Assembly be summoned/convened for 26-2-1998, the session commencing forenoon.

(ii) The only agenda in the Assembly would be to have a composite floor test between the contending parties in order to see which out of the two contesting claimants of Chief Ministership has a majority in the House.

(iii) It is pertinently emphasised that the proceedings in the Assembly shall be totally peaceful and disturbance, if any, caused therein would be viewed seriously.

(iv) The result of the composite floor test would be announced by the Speaker faithfully and truthfully.

2. The result is expected to be laid before us on 27-2-1998 at 10.30 a.m. when this Bench assembles again.

3. Ancillary directions are that this order shall be treated to be a notice to all the M.L.As. leaving apart the notices the Governor/Secretariat is supposed to issue. In the interregnum, no major decisions would be made by the functioning Government except attending to routine matters, not much of any consequence.

4. To come up on 27-2-1998 as part-heard.

Court Masters.

(2)

ORDER dated 27-2-1998

1. We stand informed through the statements made at the Bar as also through the fax communication from the Speaker, U.P. Assembly that the composite floor test, in strict compliance of our order dated 24-2-1998 did take place orderly and peacefully and as a result thereof 225 votes were secured by Shri Kalyan Singh and 196 votes by Shri Jagdambika Pal, claimants in rivalry to the Chief Ministership of the State. This position concededly has emerged as of late.

2. Conduct of the Speaker in one respect has been severely criticised in his withholding verdict in the disqualification case of 12 members under the Anti-Defection Law, despite the fact that he had concluded the hearing day before yesterday on 25-2-1998 raising pursuant expectations which stand belied. We would rather reserve comment thereon at present in view of the wide margin of the votes gathered. Even when those 12 members are taken to have voted in favour of Shri Kalyan Singh, their votes when subtracted from those polled still leaves him to be the one having majority in the House. Correspondingly, those 12 votes do not go to Shri Jagdambika Pal who would still be in minority. We, therefore, need not pursue this aspect any further.

3. In view of these developments, the impugned interim order of the High Court in putting Shri Kalyan Singh in position as Chief Minister should be and is, hereby, made absolute subject of course to the democratic process. Shri Kalyan Singh had at a point of time offered to the Governor facing floor test which was declined. On his dismissal his rival on being sworn in as the Chief Minister was required to undergo the floor test in a time-frame. We have facilitated both in one go. Both have had their measure of strength. In these circumstances, keeping any attendant issues alive in the form of the writ petition before the High Court would now be not conducive to political peace and tranquillity, as also overall harmony.

4. The special leave petition, as also the writ petition before the High Court, would stand disposed of. All orders precedent thereto, and connected therewith, be they administrative, executive or judicial would stand submerged under the present order. Ordered accordingly.