J.S.VERMA, N.M.KASLIWAL, P.B.SAWANT
Kashinath G. Jalmi: Ramakant D. Khalap: Churchill Alemao – Appellant
Versus
Speaker: Speaker, Legislative Assembly Of Goa: Speaker, Legislative Assembly – Respondent
JUDGMENT
VERMA, J.:—These appeals, by special leave, arise from writ petitions Nos. 11 of 1992, 8 of 1992 and 70 of 1992, all dismissed by the Bombay High Court at the Goa Bench, merely on the ground of laches; and they involve for decision the common question relating to the power of review, if any, of the Speaker to review his decision on the question of disqualification of a Member of the House, rendered under the Tenth Schedule to the Constitution. In those writ petitions, the orders passed by the Speaker, in purported exercise of the power of review, setting aside the earlier orders of disqualification of certain Members made on merits by the Speaker, were challenged on the ground that the Speaker has no such power. of review. The High Court took the view, that the writ petitions were filed after considerable delay, and, therefore, upholding the preliminary objection, had to be dismissed merely on the ground of lachcs; and, therefore, merits of the contention that the Speaker had no such power of review was not considered. The main questions which arise for decision in these appeals are, therefore, two namely.
(1) LACHES - Are the impugned orders of the High Court dismissing th
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