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1 - 10 of 16 (0.34 seconds)Article 226 in Constitution of India [Constitution]
Article 191 in Constitution of India [Constitution]
Article 136 in Constitution of India [Constitution]
Article 190 in Constitution of India [Constitution]
Balchandra L Jarkiholi & Ors vs B.S.Yeddiyurappa & Ors on 13 May, 2011
But such discretion exercised by the Speaker should be
free from jurisdictional errors like violation of the
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W.P.(C). No.37428 of 2015
constitutional mandate, malafides, non-compliance with
rules of natural justice and perversity. The Speaker while
holding office acts absolutely impartial without any
leaning towards any party including the party from which
he was elected to the house. The Speaker is expected to
be so while exercising a quasi-judicial function (See:
Balachandra L. Jarkiholi and Others v. B.S.
Yeddyurappa and Others [(2011) 7 SCC 1]). The
Speaker has acted with malafides in violation of the
constitutional mandate and his discretion borders on
perversity in rendering the impugned decisions.
Article 122 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Rajendra Singh Rana And Ors vs Swami Prasad Maurya And Ors on 14 February, 2007
10. It is ofcourse true that such a decision shall be
'with reference to the date on which the member
voluntarily gives up his membership' and not with
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W.P.(C). No.37428 of 2015
reference to the date of decision of the Speaker. The
member of the Legislative Assembly would have incurred
the disqualification much before even though the decision
of the Speaker is made ex-post facto. The words 'with
reference to' or 'with effect from' can only mean the
above and the decision of the Speaker on the status of the
member can only be prospective. I am fortified in this
conclusion by the decision of the constitution bench in
Rajendra Singh Rana and Others v. Swami Prasad
Maurya and Others [(2007) 4 SCC 270]. It is held
therein as follows:-