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may 2023

Supreme Court of India · 2023-05-11

SUBHASH DESAI vs PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA

Citation / case number
SC 2022/20234
Court
Supreme Court of India
Petitioner
SUBHASH DESAI
Respondent
PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA
Author
HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed significant constitutional questions regarding the interpretation of Schedule X of the Constitution, particularly concerning the disqualification of members and the powers of the Speaker and Governor. The court emphasized that a Speaker should refrain from adjudicating disqualification petitions while their own position is under challenge, as established in the Nabam Rebia case. The court noted that the reasoning in Nabam Rebia may contain contradictions that require further examination.

SUBHASH DESAI vs PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA · Niyam