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1998 Supreme(SC) 284

M. M. PUNCHHI, K. T. THOMAS, S. C. AGRAWAL
Jagdambika Pal – Appellant
Versus
Union Of India – Respondent


Judgment

We stand informed through the statements made at the Bar so also through the fax communication from the Speaker. U.P. Assembly that the composite floor-test, in strict compliance of our order dated February 24, 1998 did take place orderly and peacefully and as a result thereof 225 votes were secured by Shri Kalyan Singh and 196 votes by Shri Jagdambika Pal, claimants in rivalry to the Chief Ministership of the State. This position concededly has emerged as of late.

2. Conduct of the speaker in one respect has been severely criticized in his withholding verdict in the disqualification case of 12 members under the Anti Defection Law, despite the fact that he had concluded the hearing day before yesterday on February 25, 1998 raising pursuant expectations which stand belied. We would rather reserve comment thereon at present in view of the wide margin of the votes gathered. Even when those 12 members are taken to have voted in favour of Shri Kalyan Singh, their votes when substracted from those polled still leaves him to be the one having majority in the House. Corresponding­ly, those 12 votes do not go to Shri Jagdambika Pal who would still be in minority. We, therefore, need









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