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I have heard learned counsel for the parties and I have perused the materials on record.

There is absolutely no contest on the submissions of Mr. Verma that an obligation is cast upon the Chairman/Speaker of the House to enquire into a matter of resignation submitted by the Member of the House as per the mandate underlying the proviso to Article 190(3)(b) of the Constitution of India, upon receiving information or otherwise.

The question arises is whether the Chairman/Speaker is to routinely exercise such power or there should be a condition precedent for exercise thereof. The provision itself requires such exercise upon an information received or otherwise meaning thereby there should be circumstances accompanying a resignation which leave doubts in the mind of the Speaker/Chairman prompting him to hold an enquiry. The question is whether any such circumstances did exist in the present case requiring an enquiry. The resignation in question was received by the Secretary of the Council on 20.4.2014 and bears the endorsement of the Secretary as well as the Chairman. Though an issue was sought to be raised by Mr. Verma on the anvil that 20th of April 2014 was a Sunday but it is not in controversy that there is no bar of working of the Council on a Sunday and that the office is functioning. On the very next day i.e. 21.01.2014 the petitioner files his nomination claiming to be a Member of the political party meaning thereby there is a conscious positive act of the petitioner foregoing his status as an independent Member and by claiming allegiance to a political party thus rendering him sufficiently disqualified in terms of the provisions underlying paragraph 2 (2) of the 10th Schedule and a sufficient indication to his voluntarily surrender as an independent Member of the Council under paragraph 2(1)(a) of the 10th Schedule.