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Supreme Court of India 2020-01-21 partly_allowed

KEISHAM MEGHACHANDRA SINGH vs THE HONBLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY

Bench: 3 — Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

The Supreme Court addressed the jurisdiction of courts over disqualification petitions filed under the Tenth Schedule of the Constitution. A Congress MLA from Manipur defected to join the BJP-led government shortly after elections, prompting multiple disqualification petitions before the Speaker. When the Speaker failed to decide despite nearly two years of inaction, the petitioner sought a writ of quo warranto to remove the MLA. The Court held that while the Speaker has exclusive authority to decide disqualification matters, he must do so within three months; the Court cannot issue quo warranto but can compel the Speaker to decide promptly. The High Court judgment was partly set aside, and the Speaker was directed to decide pending petitions within four weeks.

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Constitutional Law Tenth Schedule Anti-defection Disqualification Legislative Procedure Judicial Review Speaker's Powers Quo Warranto

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