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Reserved On : 28.5.2024 vs Hon'Ble Speaker And Ors on 14 June, 2024

In case titled Pratap Gouda Patil v. State of Karnataka (2019) 7 SCC 463, Hon'ble Apex Court refused to fix a timeframe or issue directions to the Speaker. In the aforesaid case, it was held that whether resignations submitted by Members of the Legislative Assembly at a point of time earlier than petitions for their disqualification under the Tenth Schedule of the Constitution should have priority in the decision-making process or whether both sets of proceedings should be taken up simultaneously or the disqualification proceedings should have precedence over the requests for resignation.
Himachal Pradesh High Court Cites 21 - Cited by 0 - S Sharma - Full Document

Subhash Desai vs Principal Secretary, Governor Of ... on 11 May, 2023

“(2) A House of the Legislature of the State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it was discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.” The provisions of Article 189(2) will have no bearing on the determination of this issue because members of the House lose their right to participate in the proceedings of the House only upon their disqualification. The decision of the Speaker does not relate back to the date when the MLA indulged in prohibitory 28 See Shivraj Singh Chouhan (supra) and Pratap Gouda Patil (supra) where this Court observed that MLAs will be reflected in the strength of the House until they are disqualified and will have the right to participate in the proceedings.
Supreme Court of India Cites 60 - Cited by 1 - Full Document

Jayamangala Venkata Ramana vs Hon‟Ble on 27 November, 2025

12. Ld. Counsel for the Writ Petitioner has also placed reliance on the Judgment of the Hon‟ble Apex Court in Pratap Gouda Patil and others Vs. State of Karnataka and others: (2019) 7 SCC 463. This order of the Hon‟ble Apex Court is also not useful to the Writ Petitioner inasmuch as this order has been passed only as an interim measure vide order dated 11.07.2019 and therefore, the same does not become a binding precedent. It is also noteworthy to mention that the Hon‟ble Apex Court had also passed certain interim measures in the same case vide order dated 17.07.2019.
Andhra Pradesh High Court - Amravati Cites 27 - Cited by 0 - Full Document
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