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2019 Supreme(SC) 749

RANJAN GOGOI, DEEPAK GUPTA, ANIRUDDHA BOSE
Pratap Gouda Patil – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For Petitioner(s):Mr. Mukul Rohatgi, Mr. Shubhranshu Padhi, Mr. Kush Chaturvedi, Mr. Sandeep Patil, Ms. Misha Rohatgi, Ms. Devanshi Singh, Ms. Priyashree Sharma, Mr. Somay Kapoor, Mr. Ashish Yadav, Advocates
For Respondent(s):Mr. Devadatt Kamat, Sr. Adv. Mr. Amit Bhandari, Mr. Rajesh Inamdar, Mr. Javedur Rehman, Mr. Aditya Bhat, Mr. Ashwin G. Rai, Mr. Chandy Oomen, Mr. Chirag Jain, Ms. Sneha Ravi Iyer , Mr. Sunil Fernandes, Nupur Kumar, Mr. Varun Chopra, Ms. Priyanasha Indra Sharma, Ms. Siddhi Padia, Mr. Mohammed Sadique T.A., Mr. Rajat Nair, Ms. Shraddha Deshmukh, Advocates

ORDER

Prayer of the petitioners to amend the writ petition is allowed.

2. Application for intervention filed on behalf of Anil Chacko Joseph stands allowed.

3. Application for impleadment filed on behalf of S/Shri Anand Singh, Dr. K. Sudhakar, N.Nagaraju (MTB), Munirathna and Roshan Baig is allowed.

We have heard learned counsels for the contesting parties.

4. The issue arising in the case is whether resignations submitted by Members of the Legislative Assembly at a point of time earlier than petitions for their disqualification under the Tenth Schedule of the Constitution should have priority in the decision making process or whether both sets of proceedings should be taken up simultaneously or the disqualification proceedings should have precedence over the request(s) for resignation.

5. Arguments have been advanced by the learned counsels for the parties on the touchstone of Articles 164, 190, 191, 212 and 361B and the Tenth Schedule of the Constitution. We have considered the same. Constitutional principles should not receive an exhaustive enumeration by the Court unless such an exercise is inevitable and unavoidable to resolve the issues that may have arisen in any judicial proce



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