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6. In order to provide the peg on which the above questions are to be hung, it is necessary to understand the background in which such substantial questions of law have arisen.

7. The 12th Legislative Assembly Elections in Haryana were held on 13th October, 2009. After the results of the elections were declared on 22nd October, 2009, the Indian National Congress Party, hereinafter referred to as ‘the INC’, emerged as the single largest party having won in 40 out of the 90 seats in the Assembly. Since it was short of an absolute majority, the INC formed the Government in collaboration with seven independents and one MLA from the Bahujan Samaj Party. Subsequently, on 9th November, 2009, four Legislative Members of the Haryana Janhit Congress (BL) Party, hereinafter referred to as ‘the HJC (BL)’, wrote to the Speaker of their intention to merge the HJC (BL) with the INC in terms of the provisions of paragraph 4 of the Tenth Schedule to the Constitution of India. The Speaker was requested to accept the merger and to recognize the applicant legislators as Members of the INC in the Haryana Vidhan Sabha.