AIR 2023 SC 2406 ::2023 (4) ABR 1 ::AIROnline 2023 SC 381 ::2023 (6) Scale 640 ::2023 SCC OnLine SC 607 ::2023 (4) KCCR (SN) 382 (SC) ::2024 (2) SCC 719 ::2023 (8) SCR 857 ::2023 (3) All MR 517 ::2023 (4) Mad LJ 1

Supreme Court Of India

Hon'ble Judge(s): Dhananjaya Y. Chandrachud, M. R. Shah, Krishna Murari, Hima Kohli, Pamidighantam Sri Narasimha , JJJ

(A) Constitution of India , Art.181, Art.136, Art.208— Maharashtra Legislative Assembly Rules (1985) , R. 6— Disqualification of MLA - Petition for - Power of Supreme Court to adjudicate - Supreme Court would not ordinarily adjudicate disqualification petitions in absence of any extraordinary circumstances - Speaker of State Legislative Assembly is appropriate Constitutional Authority to decide question of disqualification of MLA. AIR 1993 SC 412-FollowedAIR 2007 SC 1305-Followed In the instant case, a coalition consisting of three political parties including' Shiv Sena' formed Government in the State of Maharashtra. Certain events transpired in mid-tenure, leading to formation of a new Government by a coalition consisting of a faction of Shiv Sena which claimed to be the "real" Shiv Sena with BJP. Such change in the composition of Govt. in the State was precipitated by the emergence of two factions within the Shiv Sena. The petitioners urged that the Speaker cannot be entrusted with the adjudication of disqualification petitions because he was biased and partial, since he was appointed with the support of those MLAs against whom disqualification petitions were filed. Held, Speaker of State Legislative Assembly is appropriate Constitutional Authority to decide question of disqualification of MLA. The Supreme Court would not ordi....