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 The learned Senior Counsel also submitted that the sanctity of the Petitioners’ resignation should be protected. The order of disqualification rendered by the Speaker is mala fide and is not supported by any cogent reasons.

LEARNED SENIOR COUNSEL K.V. VISHWANATHAN ON BEHALF OF PETITIONERS IN W.P. (C) NO. 997 OF 2019  The learned senior counsel submitted that on 11.02.2019, a disqualification petition was filed against 4 MLAs including Dr. Umesh Yadav and the Petitioners herein. Subsequently, during the pendency of the said disqualification petition, Dr. Umesh Yadav submitted his resignation which was accepted by the Speaker. However, the Speaker, acting in a mala fide manner, kept the resignation letter submitted by the Petitioners herein pending until the disqualification petition was decided.  Despite the orders of this Court directing the Speaker to decide the resignation, the Speaker kept the matter pending till the decision on the disqualification petition. The learned Senior Counsel further contended that the Speaker wrongly took into consideration actions pursuant to the orders of this Court dated 17.07.2019, wherein the Petitioners were granted the liberty not to participate in the ongoing proceedings of the house. LEARNED SENIOR COUNSEL SAJAN POOVAYYA ON BEHALF OF PETITIONER IN W.P. (C) NO. 1001 OF 2019  The Petitioner was a member of the INC who had resigned on 01.07.2019 in protest against certain land dealing in his Constituency. However, he was put in the same group as the other disqualified Petitioners by the Speaker. The learned Senior Counsel contends that omnibus statements and allegations have been rendered in the disqualification order and the same was passed without taking into consideration the documents submitted by the Petitioner herein.

34. The first question we need to consider concerns the scope of judicial review with respect to acceptance/rejection of the resignation by the Speaker. The Respondents have contended on this count that the Court cannot go into this aspect as the acceptance/rejection of resignation is based on the subjective satisfaction of the Speaker, which is immune from judicial review.

35. We are unable to agree with this contention. It is true that 33 rd Constitutional Amendment changed the constitutional position by conferring discretion on the Speaker to reject the resignation. However, such discretion is not unqualified, as the resignation can only be rejected if the Speaker is “satisfied that such resignation is not voluntary or genuine”. Determination of whether the resignations were “voluntary” or “genuine” cannot be based on the ipse dixit of the Speaker, instead it has to be based on his “satisfaction”. Even though the satisfaction is subjective, it has to be based on objective material showing that resignation is not voluntary or genuine. When a member tenders his resignation in writing, the Speaker must immediately conduct an inquiry to ascertain if the member intends to relinquish his membership. The inquiry must be in accordance with the provisions of the Constitution and the applicable rules of the House. This satisfaction of the Speaker is subject to judicial review.

40. 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.

41. Third, the Speaker can reject the resignation, if the Speaker is satisfied that resignation was “not voluntary or genuine”. Herein, our attention is drawn to the Chapter 22, Rule 202 (2) of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly, which is extracted as under:

“(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, and if he is satisfied, the Speaker may accept resignation immediately.” (emphasis supplied) The rule states that the Speaker has to take a call on the resignation letter addressed to him immediately, having been satisfied of the voluntariness and genuineness. Reading the rule in consonance with Article 190(3)(b) of the Constitution and its proviso, it is clear that the Speaker’s satisfaction should be based on the information received and after making such inquiry as he thinks fit. The aforesaid aspects do not require roving inquiry and with the experience of a Speaker, who is the head of the House, he is expected to conduct such inquiry as is necessary and pass an order. If a member appears before him and gives a letter in writing, an inquiry may be a limited inquiry.