S.A. Sampath Kumar vs Kale Yadaiah . on 8 November, 2016
22. It is clear from a reading of the judgment in Rajendra Singh
Rana (supra) and, in particular, the underlined portions of
paragraphs 40 and 41 that the very question referred by the Two
Judge Bench in S.A. Sampath Kumar (supra) has clearly been
answered stating that a failure to exercise jurisdiction vested in a
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Speaker cannot be covered by the shield contained in paragraph 6
of the Tenth Schedule, and that when a Speaker refrains from
deciding a petition within a reasonable time, there was clearly an
error which attracted jurisdiction of the High Court in exercise of the
power of judicial review.