DR. KASHINATH G. JALMI AND ANR. ETC. ETC. versus SPEAKER AND ORS.

DR. KASHINATH G. JALMI AND ANR. ETC. ETC. versus SPEAKER AND ORS.

The Speaker has no power of review under the Tenth Schedule; orders purporting to review previous disqualification are nullity; writ petitions challenging such review orders should not be dismissed merely on grounds of laches, especially when relief claimed pertains to assertion of public right in nature of class action.

Parties
Appellant: Dr. Kashinath G. Jalmi; Appellant: Ratnakar M. Chopdekar; Appellant: Sanjay Bandekar; Respondent: Speaker, Goa Legislative Assembly; Respondent: Ravi S. Naik; Respondent: Simon Peter D'Souza (Acting Speaker)
Jurisdiction
India
Judgment Date
31 March 1993
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Writ Petitions at Admission Stage by High Court
Outcome
appeals allowed
Legal Topics
Disqualification of Legislators, Review Powers of Speaker, Doctrine of Laches, Article 226 Writs, Public Rights V. Personal Rights
Constitutional Law Election Law Administrative Law Disqualification of Legislators Review Powers of Speaker Doctrine of Laches Article 226 Writs Public Rights V. Personal Rights

Case Brief

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Parties

Dr. Kashinath G. Jalmi

Appellant

Ratnakar M. Chopdekar

Appellant

Sanjay Bandekar

Appellant

Speaker, Goa Legislative Assembly

Respondent

Ravi S. Naik

Respondent

Simon Peter D'Souza (Acting Speaker)

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Writ Petitions at Admission Stage by High Court

Legal Issues

  1. 1 Whether writ petitions challenging review orders by the Speaker can be dismissed solely on grounds of laches
  2. 2 Whether the Speaker under Tenth Schedule has an implied power to review orders of disqualification
  3. 3 Distinction between writs enforcing personal rights and writs asserting public rights in the nature of class action

Ratio Decidendi

The Speaker has no power of review under the Tenth Schedule; orders purporting to review previous disqualification are nullity; writ petitions challenging such review orders should not be dismissed merely on grounds of laches, especially when relief claimed pertains to assertion of public right in nature of class action.

Court Disposition

appeals allowed

Orders

  • Impugned orders of High Court dismissing writ petitions are set aside.
  • Orders made by Acting Speaker in purported exercise of review power are declared nullity and liable to be ignored.