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october 1998

Supreme Court of India · 1998-10-09

MAYAWATI vs MARKANDEYA CHAND

Citation / case number
SC 1998/6229
Court
Supreme Court of India
Petitioner
MAYAWATI
Respondent
MARKANDEYA CHAND
Author
HON,HON,ANDHON
Bench
HON,HON,ANDHON

Judgment text excerpt

The Supreme Court examined the role of the Speaker/Chairman under the Tenth Schedule of the Constitution, particularly focusing on the administrative and quasi-judicial functions regarding disqualification due to defection. The Court held that the Speaker's determination of a split is an administrative function, distinct from his quasi-judicial role in disqualification matters under Paragraph 6(1). The judgment emphasized the need for clarity in recording the time of such splits and referred the matter to a Constitution Bench for further decision.

MAYAWATI vs MARKANDEYA CHAND · Niyam