SHRIMANTH BALASAHEB PATIL versus HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS

SHRIMANTH BALASAHEB PATIL versus HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS

Speaker’s orders disqualifying petitioners under the Tenth Schedule are upheld to the extent of the disqualification itself; however, the orders imposing disqualification till expiry of the term are not constitutionally permissible and are set aside. Satisfaction of the Speaker regarding voluntariness/genuineness of resignation is subject to judicial review, and extraneous factors must not be considered.

Parties
Petitioner: Shrimanth Balasaheb Patil; Respondent: Hon’ble Speaker, Karnataka Legislative Assembly and Others
Jurisdiction
India
Judgment Date
13 November 2019
Procedural Posture
Writ Petition (civil) / Final Disposal by Supreme Court
Outcome
Writ Petitions disposed of
Legal Topics
Tenth Schedule, Disqualification of Members, Resignation of Members, Judicial Review, Principles of Natural Justice, Duration of Disqualification
Constitutional Law Tenth Schedule Disqualification of Members Resignation of Members Judicial Review Principles of Natural Justice Duration of Disqualification

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Parties

Shrimanth Balasaheb Patil

Petitioner

Hon’ble Speaker, Karnataka Legislative Assembly and Others

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposal by Supreme Court

Legal Issues

  1. 1 Scope of judicial review of Speaker's decisions under Article 32
  2. 2 Acceptance/rejection of resignations by Speaker under Article 190(3)(b)
  3. 3 Duration and effect of disqualification under Tenth Schedule

Ratio Decidendi

Speaker’s orders disqualifying petitioners under the Tenth Schedule are upheld to the extent of the disqualification itself; however, the orders imposing disqualification till expiry of the term are not constitutionally permissible and are set aside. Satisfaction of the Speaker regarding voluntariness/genuineness of resignation is subject to judicial review, and extraneous factors must not be considered.

Court Disposition

Writ Petitions disposed of

Orders

  • Speaker’s disqualification orders of 25.07.2019 and 28.07.2019 in Petition Nos. 1, 3, 4, 5, 7 and 8 of 2019 upheld to the extent of disqualification.
  • Duration of disqualification till expiry of term set aside.