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Supreme Court of India 2021-12-08 allowed

SHRI KSHETRIMAYUM BIREN SINGH vs THE HON’BLE SPEAKER, MANIPUR LEGISLATIVE ASSEMBLY & ORS. ETC

Bench: 3 — Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

In Brief

Three MLAs from Manipur were disqualified by the Speaker following newspaper reports suggesting they had defected to another political party, and their challenge to the High Court was dismissed. The Supreme Court allowed their appeals, holding that newspaper reports alone cannot establish defection under the Tenth Schedule without leading evidence. The Court emphasised that disqualification proceedings require proper procedural safeguards including notice, hearing of all parties, and adduction of evidence. The cases were remitted to the Speaker for fresh consideration on merits, with the appellants entitled to continue representing their constituencies until final decision.

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Constitutional Law Defection Parliamentary Procedure Tenth Schedule Natural Justice

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