Supreme Court of India · 2007-02-14
SRI RAJENDRA SINGH RANA vs SWAMI PRASAD MAURYA .
- Citation / case number
- SC 2006/5844
- Court
- Supreme Court of India
- Petitioner
- SRI RAJENDRA SINGH RANA
- Respondent
- SWAMI PRASAD MAURYA .
- Author
- K.G. BALAKRISHNAN,H.K. SEMA AR. LAKSHMANAN P.K. BALASUBRAMANYAN,D.K. JAIN
- Bench
- CJI K.G. BALAKRISHNAN,H.K. SEMA DR. AR. LAKSHMANAN P.K. BALASUBRAMANYAN,D.K. JAIN
Judgment text excerpt
The Supreme Court addressed the disqualification of 13 Members of the Legislative Assembly (M.L.As.) under Article 191 and the Tenth Schedule of the Constitution of India. The Court held that the Speaker's acceptance of a split in the Bahujan Samaj Party (B.S.P.) was valid as it met the one-third requirement for recognition of a split. The Court emphasized that the decision of the Speaker is subject to judicial review, but the factual determination made by the Speaker was upheld, leading to the conclusion that the M.L.As. had not voluntarily given up their membership as per the provisions of the Tenth Schedule.