AIROnline 2025 SC 687

Supreme Court Of India

(From : AIR 2025 (NOC) 391 (TEL))

Hon'ble Judge(s): B. R. Gavai , C.J.I. AND Augustine George Masih , J

(A) Constitution of India , Art.122, Art.212, Sch.10 Para.6— Disqualification petition - Expeditious disposal of - Powers of courts to issue direction for - Power of Speaker/Chairman to decide disqualification petitions under Paragraph 6(1) of the Tenth Schedule to the Constitution is pre-eminently of a judicial complexion - Such decision is not decision of House, nor is it subject to approval by House - The decision operates independently of the House and therefore does not enjoy immunity from judicial scrutiny under Articles 122 and 212 of the Constitution - It has been held that though order injuncting Speaker from making decision in disqualification petitions pending before him cannot be passed, order in aid of prompt decision regarding disqualification, can be passed. AIR 2020 SC (Supp) 1457-Relied onAIR 1993 SC 412-Relied on (Para 78 79 80 87) (B) Constitution of India , Art.191, Sch.10 Para.6, Sch.10 Para.7— Members of Telangana Legislative Assembly (Disqualification on Ground of Defection) Rules (1986) , R.6— Disqualification petition - Powers of Speaker of Assembly - Object of, explained - Need for parliament to consider whether object has been achieved, pointed ....