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Rajendra Singh Rana And Ors vs Swami Prasad Maurya And Ors on 14 February, 2007 cites

Parkash Singh Badal And Ors. vs Union Of India And Ors. on 1 May, 1987

It was argued on behalf of the 37 M.L.As. that this position adopted by the Full Bench does not reflect the correct position in law since there is nothing in the Tenth Schedule which precludes the Speaker from rendering an adjudication either in respect of a claim under paragraph 3 of the Schedule or paragraph 4 of the Schedule, independent of any question arising before him in terms of paragraph 2 of the Schedule. Considering the scheme of the Tenth Schedule in the context of Articles 102 and 191 of the Constitution and the wording of paragraph 6 and the conferment of jurisdiction on the Speaker thereunder, we are inclined to the view that the position adopted by the majority of the High Court of Punjab & Haryana in the above decision as to the scope of the Tenth Schedule, reflects the correct legal position. Under the Tenth Schedule, the Speaker is not expected to simply entertain a claim under paragraphs 3 and 4 of the Schedule without first acquiring jurisdiction to decide a question of disqualification in terms of paragraph 6 of the Schedule. The power if any, he may otherwise exercise independently to recognise a group or a merger, cannot be traced to the Tenth Schedule to the Constitution. The power under the Tenth Schedule to do so accrues only when he is called upon to decide the question referred to in paragraph 6 of that Schedule.
Punjab-Haryana High Court Cites 99 - Cited by 34 - Full Document
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