MAYAWATI versus MARKANDEYA CHAND AND ORS.

MAYAWATI versus MARKANDEYA CHAND AND ORS.

The Speaker's findings regarding existence of a split in BSP MLAs and consequent immunity from disqualification under Tenth Schedule are not vitiated by perversity; judicial review does not permit the Court to substitute its own judgment unless the finding is so perverse that no reasonable tribunal could have arrived at it.

Parties
Appellant: Mayawati; Respondent: Markandey A Chand; Respondents: Others (12 BSP MLAs, Janatantrik Bahujan Samaj Party)
Jurisdiction
India
Judgment Date
09 October 1998
Procedural Posture
Appeal / Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Disqualification of Legislative Assembly Members, Defection, Speaker's Power, Judicial Review, Split in Political Parties
Constitutional Law Legislative Procedure Disqualification of Legislative Assembly Members Defection Speaker's Power Judicial Review Split in Political Parties

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Parties

Mayawati

Appellant

Markandey A Chand

Respondent

Others (12 BSP MLAs, Janatantrik Bahujan Samaj Party)

Respondents

Procedural Posture

Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether the decision of the Speaker to not disqualify the respondent MLAs under Tenth Schedule was vitiated by perversity
  2. 2 Scope of judicial review over Speaker's decision under Tenth Schedule
  3. 3 Conditions required to establish a split in a political party for purposes of immunity from disqualification

Ratio Decidendi

The Speaker's findings regarding existence of a split in BSP MLAs and consequent immunity from disqualification under Tenth Schedule are not vitiated by perversity; judicial review does not permit the Court to substitute its own judgment unless the finding is so perverse that no reasonable tribunal could have arrived at it.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Speaker's order is upheld.