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Speaker, Karnataka Legislative Assembly and Ors. alongwith connected matters (2020) 2 SCC 595, wherein Hon'ble Apex Court emphasized that the decision by the Hon'ble Speaker on the resignation letters must be taken immediately and the Speaker must decide in accordance with the provisions of the Constitution and the applicable rules. Lastly, Mr. Singh, submitted that while discharging the obligation under Article190(3)(b) of the Constitution of India, the Speaker is not acting like a Constitutional Tribunal, rather as an officer of Legislative Assembly, thereby the scope and width of judicial review is wider. He submitted that since there is ample material available on record suggestive of the fact that petitioners herein of their own volition tendered the resignations, there was no occasion, if any, for the Tribunal to conduct inquiry, rather after having noticed voluntariness or genuineness, which is otherwise borne out from the fact that petitioners personally presented themselves before the Speaker with resignation letters, the Speaker ought to have accepted the resignations immediately. However, in the instant case, the Speaker by constituting an inquiry has attempted to defeat the

(2) If a member hands-over the letter of resignation to the Speaker personally and informs him that the resignation is voluntary and genuine and the Speaker has no information or knowledge to the contrary, the Speaker may accept the resignation immediately. (3) If the Speaker receives the letter of resignation either by post or through someone else, the Speaker may make such enquiry as he thinks fit to satisfy himself that the resignation is voluntary and genuine. If, the Speaker, after making a summary enquiry either himself or through the agency of Legislative Assembly Secretariat or through such other agency, as he may deem fit, is satisfied that the resignation is not voluntary and genuine, he shall not accept the resignation.

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MLAs created doubt in the mind of the Speaker with regard to .

voluntariness and genuineness of the resignations, there was no requirement, if any, for the Speaker to accept the resignations immediately.

29. Moreover word "may" has been used in Rule 287 (2) of the Rules, meaning thereby, the Speaker having taken note of the various facts and circumstances prevailing at that particular time, may or may not accept the resignations immediately. Though aforesaid Rule 287 (2) provides that if a member personally hands over resignation letter to the Speaker and informs him that his resignation is voluntary and genuine and the Speaker has no information or knowledge to the contrary, he may accept the resignation immediately, but subject to the satisfaction of the Speaker that resignation is not being tendered under threat or coercion. Had Rule Makers used word "shall" in place of "may", petitioners could have been right in contending that in the event of their having made themselves available in person to the Speaker, coupled with the statements made to him that they tendered their resignations voluntarily, without there being any coercion, the Speaker had no option but to accept the resignation letters immediately but since the word "may" has been used, the legislative intent of giving a discretion to the Speaker for accepting or rejecting the resignation letter is evident. Apart from above, it is also apparent from the record that on 23.3.2024, a complaint was received by the

30. At this stage, it would be apt to take note of judgment passed by the Hon'ble Apex Court in Shrimanth Balasaheb Patil v.

Speaker, Karnataka Legislative Assembly and Ors. (2020) 2 SCC 595 (alongwith connected matters), relevant para whereof reads as under:

"78. Second, the 33rd Constitutional Amendment requires acceptance of resignation by the Speaker. Thus, merely addressing a resignation letter to the Speaker would not lead to the seat automatically falling vacant. The Speaker has to accept such resignation for the seat to become vacant. However, as discussed above, the Speaker has limited discretion for rejecting the resignation. If the resignation is voluntary or genuine, the Speaker has to accept the resignation and communicate the same."