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Supreme Court of India 2020-01-21 partly_allowed

KEISHAM MEGHACHANDRA SINGH vs THE HON’BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY & ORS

Bench: 3 — R.F. Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

In this constitutional law case, the Supreme Court addressed whether courts can compel a Speaker to decide disqualification petitions within a reasonable time under the Tenth Schedule (anti-defection law). A member elected on a Congress ticket switched to the BJP and was sworn in as a Minister, triggering 13 disqualification petitions. When the Speaker took no action for years, the petitioner sought judicial intervention. The Supreme Court held that while courts cannot themselves decide disqualification matters or issue writs of quo warranto before the Speaker decides, they can direct the Speaker to act within a reasonable period—ordinarily three months. The Court set aside the High Court's decision, directing the Speaker to decide pending petitions within four weeks, with liberty to seek further relief if no decision emerged."

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Constitutional Law Anti-Defection Law Tenth Schedule Disqualification of Members Judicial Review Quo Warranto Speaker Powers

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