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Constitutional law

PADI KAUSHIK REDDY ETC. versus THE STATE OF TELANGANA AND OTHERS ETC.

The Division Bench of the High Court erred in setting aside the Single Judge's order which merely directed the Speaker to fix a schedule; given the Speaker acts as a tribunal amenable to judicial review and the Speaker had inordinate delay (not issuing notices for months), the Supreme Court quashed the Division Bench order and directed the Speaker to conclude the pending disqualification proceedings in respect of the MLAs as expeditiously as possible and in any case within three months.

Source excerpt

  • Tenth schedule
  • Defection
  • Disqualification petitions
  • Speaker/chairman powers
  • Time-bound determination of proceedings
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Constitutional law

SHAILESH MANUBHAI PARMAR versus ELECTION COMMISSION OF INDIA THROUGH THE CHIEF ELECTION COMMISSIONER & ORS.

The introduction of NOTA in indirect elections to the Council of States is unconstitutional, as it undermines party discipline, encourages defection, and is contrary to the statutory and constitutional framework. NOTA is appropriate only for direct elections; its application in indirect elections is not supported by law, and the Election Commission exceeded its authority in doing so.

Source excerpt

  • Nota applicability
  • Indirect elections
  • Rajya sabha
  • Party discipline
  • Defection
  • Corruption
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Election law

KEDAR SHASHIKANT DESHPANDE ETC. ETC. versus BHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC.

Appellants, having been elected as NCP councillors and subsequently having left the party and formed another, voluntarily gave up membership of NCP, thereby incurring disqualification under Section 3(1)(a). Further, participation contrary to the party whip resulted in disqualification under Section 3(1)(b). The plea of merger as an exception to disqualification under Section 5 was neither pleaded nor established as the NCP did not merge with Congress (I). Defects in verification of the disqualification petition were directory, not fatal, and had not prejudiced appellants. Additional Collector…

Source excerpt

  • Disqualification of elected representatives
  • Defection
  • Verification procedures for petitions
  • Jurisdiction of authorities
  • Merger and split of political parties
  • Procedural defects in petitions
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Constitutional law

SRI RAJENDRA SINGH RANA AND ORS. versus SWAMI PRASAD MAURYA AND ORS.

The act of submitting a letter to the Governor by the 13 BSP MLAs, requesting him to invite the opposition leader to form the Government, constitutes voluntarily giving up membership of their original party under para 2(1)(a) of the Tenth Schedule. There was no prima facie evidence proving a split in the original party on the relevant date. The Speaker’s failure to decide the disqualification petition before recognizing a split is unconstitutional, warranting judicial review and quashing of the Speaker’s orders. The 13 MLAs stand disqualified from the Uttar Pradesh Legislative Assembly with e…

Source excerpt

  • Disqualification of mlas
  • Defection
  • Tenth schedule
  • Judicial review
  • Speaker's powers
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Constitutional law

DR. MAHACHANDRA PRASAD SINGH versus CHAIRMAN, BIHAR LEGISLATIVE COUNCIL AND ORS.

A member of the legislative council, elected as a candidate of a political party, who subsequently contests a parliamentary election as an independent or as a candidate of another party, voluntarily gives up membership of the original party within the meaning of paragraph 2(1)(a) of the Tenth Schedule and incurs disqualification. Procedural rules for disqualification inquiries are directory, not mandatory, and non-compliance does not vitiate the proceedings or jurisdiction if substantive requirements are otherwise met. Principles of natural justice were not violated as adequate opportunity wa…

Source excerpt

  • Disqualification of legislators
  • Defection
  • Tenth schedule
  • Natural justice
  • Delegated legislation
  • Legislative procedures
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Constitutional law

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.

Source excerpt

  • Disqualification of legislative assembly members
  • Defection
  • Speaker's power
  • Judicial review
  • Split in political parties
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Local government law

DATTATRAYA MARUTI BAWALEKAR AND ORS. versus PANDURANG DAGADU PARTE

Independent councillors who form themselves into a front/Aghadi after being elected as independents cease to be independents and incur disqualification under Section 3(2) of the Maharashtra Local Authority Members Disqualification Act, 1986. The Act makes no distinction between joining an existing political party or forming a new front; the act of joining is sufficient for disqualification.

Source excerpt

  • Disqualification of elected members
  • Defection
  • Formation of political front
  • Maharashtra local authority members disqualification act
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Constitutional law

RAVI S. NAIK AND SANJAY BANDEKAR AND ANR. versus UNION OF INDIA AND ORS.

Disqualification order for Naik was quashed as the Speaker excluded two members from the group in disregard of a High Court stay order, thus violating the constitutional mandate in Paragraph 3 of Tenth Schedule, whereas the disqualification orders for Bandekar and Chopdekar were upheld as their conduct constituted voluntarily giving up party membership and there was no breach of natural justice or constitutional mandate.

Source excerpt

  • Disqualification of legislators
  • Tenth schedule
  • Defection
  • Judicial review
  • Natural justice
  • Legislative procedure
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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