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Supreme Court of India 2019-11-13 disposed

Shrimanth Balasaheb Patil & Ors vs Hon’ble Speaker, Karnataka Legislative Assembly and Others

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court adjudicated consolidated writ petitions challenging disqualification orders issued by the Karnataka Legislative Assembly Speaker for alleged breach of party whip (INC). The petitioners had tendered resignations after the disqualification petitions were filed. The Court held that: (1) a Speaker can reject resignation only if it lacks voluntariness or genuineness; (2) disqualification proceedings may continue despite resignation if the disqualifying act preceded it; (3) the Speaker lacks authority to specify disqualification duration beyond what the Tenth Schedule permits; (4) the disqualification orders were substantively valid though the period imposed was erroneous but severable. The petitions were disposed of without quashing the disqualification orders."

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Constitutional Law Disqualification Parliamentary Law Natural Justice Fundamental Rights Tenth Schedule Legislative Procedure

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