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march 1993

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.

KASHINATH G. JALMI & ANR. ETC. vs SPEAKER,LEGISLATIVE ASSEMBLY OF GOA &ORS · Niyam