Constitution of India, 1950, Article 32 -- MLAs - Disqualification - Fundamental rights - Violation thereof - Speaker while exercising power to disqualify is Tribunal acting as quasi judicial authority - Validity of such order is subject to judicial review - No bar for Court to adjudicate issue under writ jurisdiction...........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - When a member tender his resignation in writing, the Speaker must immediately conduct an inquiry to ascertain if the ,ember intends to relinquish his membership - Inquiry must be in accordance with provisions of Constitution and applicable rules of the House...........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Satisfaction of Speaker - Subject to judicial review...........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Language of Art.190(3)(b) of Constitution does not permit Speaker to inquire into the motive of resignation - When a member is resigning on political pressure, he is still voluntarily doing so - Therefore, once a member tenders his resignation it would be voluntary and if the writing can be attributed..........
Constitution of India, 1950, Article 190(3)(b) -- MLAs - Resignation - Speaker taking into account any other extraneous factors while considering resignation - Constitutionally impermissible...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B) -- MLAs - Disqualification - Relates to the date when such act of defection takes place - Tendering of resignation does not have bearing on jurisdiction of Speaker in this regard...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - A person cannot be barred from contesting elections if he is otherwise qualified to contest the same...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - Power of Speaker - Neither the Constitution nor any Act provides for defection to another party as a bar from contesting further elections, reading such a bar into the nebulous concept of the inherent powers of the Speaker - Is impermissible and invalid...........
Constitution of India, 1950, Article 75(1B), 164(1B), 361(1B), 190(3)(b) -- MLAs - Disqualification - Power of Speaker - Speaker in exercise of his powers under Tenth Schedule - Does not have power to either indicate the period for which a person id disqualified nor to bar someone from contesting elections...........
Constitution of India, 1950, Article 323B(2), (d) -- State Legislature cannot enact law which touches jurisdiction of Supreme Court - Presidential assent makes no difference in case of legislative incompetence...........
