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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 28 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.
Supreme Court of India Cites 31 - Cited by 23 - A Kabir - Full Document

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 11 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:-
Supreme Court of India Cites 18 - Cited by 35 - P K Balasubramanyan - Full Document
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