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2. According to the petitioner, he is the Voter of the Mangalore Constituency. Third respondent, who is a Member of the Legislative Assembly, was reported to have submitted his resignation in writing to the Speaker of the Tamil Nadu Legislative Assembly. The fact was widely published in all leading Newspapers, both in English and Tamil. After submission of the said resignation, third respondent has also give an interview to the Press, stating that he has submitted resignation to the Speaker in person. On the same day, i.e. on 11.11.2008, third respondent joined the other Political Party, namely Bahujan Samaj Party (ie. BSP) and was also appointed by the said Party as its State President for Tamil Nadu. The action of third respondent in joining BSP on 11.11.2008 amounts to his voluntary giving up of his membership of the VCK Party where he was a Member, pursuant to which he was elected as an MLA and consequently stands disqualified from being a Member of the House in terms of Paragraph 2(1)(a) of the X Schedule to the Constitution of India. It is further submitted that consequently, third respondent also stands disqualified from being a Member of the Tamil Nadu Legislative Assembly in terms of Article 191(2) of the Constitution of India and and the seat relating to the Mangalore Legislative Assembly Constituency became vacant as on 11.11.2008 under Article 190(3) of the Constitution of India.

3. Learned Government Pleader appearing for the second respondent, on oral instructions, submitted that first of all, third respondent submitted his resignation in a plain white paper and not in the prescribed format in which he was supposed to submit his resignation and for the said reason, the Speaker of the Legislative Assembly has not yet taken decision on the same.

4. We have heard the learned counsel appearing for the parties and noticed their rival contentions.

5. From the pleadings as were made, even if we presume that third respondent has submitted his letter of resignation, though it is not on record, in the absence of any determination by the Speaker of the Legislative Assembly, the seat of a Member of Mangalore Legislative Assembly Constituency cannot be treated as vacant. In this background, the question of issuance of any Writ of Mandamus, on first respondent-Election Commission of India, to hold Election for the said Constituency, does not arise at this stage. The matter is premature and if occasion arises, the petitioner may move before appropriate forum.