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february 2007

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.

SRI RAJENDRA SINGH RANA vs SWAMI PRASAD MAURYA . · Niyam