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2002 Supreme(Bom) 762

A.P.SHAH, RANJANA DESAI
Narsingrao Gurunath Patil & others – Appellant
Versus
Arun Gujarathi, Speaker & others – Respondent


Judgment

A.P. SHAH, J.:---These writ petitions under Article 226 challenge the orders passed by the Speaker of the Maharashtra Legislative Assembly on 13th June, 2002 disqualifying the petitioners from membership of the assembly under Article 191(2) read with Tenth Schedule of the Constitution of India.

2. The elections to the Maharashtra Legislative Assembly were held in September, 1999. The assembly is composed of 289 members of which 288 members are elected and 1 is nominated. The 1999 assembly elections did not give a clear mandate to any single political party. After the elections the position of the parties was as under:

Indian National Congress 75

Shiv sena 69

N.C.P. 61

B.J.P. 56

P.W.P. 05

B.S.P. 03

C.P.M. 02

Janata Dal (S) 02

G.G.P. 01

N.P.P. 01

R.P.I. 01

S.J.P. (M) 01

Independent 12

The Indian National Congress and N.C.P. with the support of Janata Dal (S), P.W.P., C.P.M., B.B.M., M.P.P., R.P.I. and ten independent legislators joined together to form Democratic Front (DF for short) and elected Mr. Vilasrao Deshmukh as its leader. As DF was a single largest group in the Maharashtra Legislative Assembly, the Governor of Maharashtra invited Mr. Vilasrao Des












































































































































































































































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