KEISHAM MEGHACHANDRA SINGH versus THE HON’BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY & ORS.

KEISHAM MEGHACHANDRA SINGH versus THE HON’BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY & ORS.

The Speaker must decide disqualification petitions under the Tenth Schedule within a reasonable time; failure to exercise jurisdiction is a jurisdictional error subject to judicial review, and where delay is unreasonable the court may direct the Speaker to decide; in these appeals the Supreme Court directed the Speaker to decide pending petitions within four weeks.

Parties
Appellant: Keisham Meghachandra Singh; Respondent: The Hon'ble Speaker, Manipur Legislative Assembly
Jurisdiction
India
Judgment Date
21 January 2020
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court Disposing Appeals
Outcome
Impugned High Court judgment dated 23.07.2019 set aside; appeals partly allowed and partly dismissed in terms of the Supreme Court judgment; directions issued to Speaker to decide pending disqualification petitions.
Legal Topics
Tenth Schedule, Defection and Disqualification, Judicial Review of Speaker's Actions, Quo Warranto, Quia Timet Injunctions, Finality Clause (paragraph 6)
Constitutional Law Election Law Administrative Law Tenth Schedule Defection and Disqualification Judicial Review of Speaker's Actions Quo Warranto Quia Timet Injunctions +1 more

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Parties

Keisham Meghachandra Singh

Appellant

The Hon'ble Speaker, Manipur Legislative Assembly

Respondent

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court Disposing Appeals

Legal Issues

  1. 1 Whether the Speaker failed to discharge duties under the Tenth Schedule by not deciding disqualification petitions within a reasonable time
  2. 2 Whether Respondent No.3 prima facie incurred disqualification under Paragraph 2(1)(a) of the Tenth Schedule
  3. 3 Whether the High Court or this Court can issue writs such as quo warranto/disqualification in view of the Speaker's exclusive jurisdiction

Ratio Decidendi

The Speaker must decide disqualification petitions under the Tenth Schedule within a reasonable time; failure to exercise jurisdiction is a jurisdictional error subject to judicial review, and where delay is unreasonable the court may direct the Speaker to decide; in these appeals the Supreme Court directed the Speaker to decide pending petitions within four weeks.

Court Disposition

Impugned High Court judgment dated 23.07.2019 set aside; appeals partly allowed and partly dismissed in terms of the Supreme Court judgment; directions issued to Speaker to decide pending disqualification petitions.

Orders

  • Impugned judgment of the High Court dated 23.07.2019 is set aside.
  • The Civil Appeals arising out of SLP(C) No. 18659 of 2019 and SLP(C) No. 18763 of 2019 are partly allowed; Civil Appeals arising out of SLP(C) No. 23703 of 2019 and SLP(C) No. 24146 of 2019 are dismissed in terms of this judgment.