Supreme Court of India · 1993-03-31
KASHINATH G. JALMI & ANR. ETC. vs SPEAKER,LEGISLATIVE ASSEMBLY OF GOA &ORS
- Citation / case number
- SC 1992/80570
- Court
- Supreme Court of India
- Petitioner
- KASHINATH G. JALMI & ANR. ETC.
- Respondent
- SPEAKER,LEGISLATIVE ASSEMBLY OF GOA &ORS
- Author
- JAGDISH SARAN VERMA
- Bench
- JAGDISH SARAN VERMA
Judgment text excerpt
The Supreme Court addressed the issue of the Speaker's power to review disqualification orders under the Tenth Schedule of the Constitution. It held that the doctrine of laches does not apply in public law matters concerning public office, emphasizing that the High Court must exercise its discretion judicially to prevent the perpetuation of illegality. The Court concluded that the Speaker does not possess an implied power of review under the Tenth Schedule, and the only remedy for aggrieved parties is through judicial review of disqualification orders.