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Showing contexts for: function of functionary in Subhash Desai vs Principal Secretary, Governor Of ... on 11 May, 2023Matching Fragments
15 (2006) 2 SCC 1 PART D the trust vote was a positive order. The Government in the State of Maharashtra would not have changed ‘but for’ the above orders of this Court (relied on Indore Development Authority v. Manohar Lal; 16 ii. The order of this Court on 27 June 2022 is contrary to the judgment of the Constitution Bench in Kihoto Hollohan (supra) where it was held that judicial review cannot be made available at a stage prior to the decision of the Speaker under the Tenth Schedule. By this order, the court tilted the delicate balance of unfettered functioning of different constitutional functionaries in their respective spheres; iii. The order of this Court on 29 June 2022 held that the trust vote would be “subject to the final outcome of the instant writ petition as well as the writ petitions referred above.” Thus, the consequences and the new status quo created must be subject to the final outcome of the instant proceedings. Status quo ante ought to be restored as on 27 June 2022. The power of the court to restore status quo ante is not unheard of. This Court directed status quo ante in Nabam Rebia (supra); and iv. This Court must direct status quo ante to give effect to the object behind the introduction of the Tenth Schedule, which is to curb the evil of political defections;