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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Suvendu Adhikari – Appellant
Versus
Speaker, West Bengal Legislative Assembly – Respondent
| Table of Content |
|---|
| 1. two writ petitions related to disqualification. (Para 1 , 2) |
| 2. defection of respondent no. 2 leading to disqualification. (Para 3 , 4 , 5) |
| 3. arguments regarding the misapplication of evidence by respondent no. 1. (Para 6 , 8 , 10 , 12 , 14) |
| 4. role of the respondent no. 1 in adjudicating disqualification petitions. (Para 11 , 15 , 17 , 18 , 19) |
| 5. standard of proof in disqualification proceedings. (Para 39 , 40 , 42 , 46 , 48) |
| 6. perversion of findings by the respondent no. 1. (Para 50 , 52 , 53 , 55) |
| 7. final decision on the disqualification of respondent no. 2. (Para 64 , 66 , 67 , 68 , 69) |
Judgment :
DEBANGSU BASAK, J.
1. Two writ petitions have been taken up for analogous hearing as they relate to the similar issues and the order dated June 8, 2022 passed by the Speaker, West Bengal Legislative Assembly.
2. A Member of the Legislative Assembly has filed WPA(P) 213 of 2022 (hereinafter referred to as the first writ petition for the sake of convenience) while the leader of the opposition of the State’s Legislative Assembly has filed WPA 6193 of 2023 (hereinafter referred to as the second writ petition, again for the sake of convenience). It has been acknowledged at the
In disqualification proceedings under the Tenth Schedule, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, contrary to the Speaker's ruling.
Point of law: Election - Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Voluntary resignation or merger with another party, as per the Defection Act, leads to disqualification, regardless of subsequent actions or acceptance of resignation.
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
Speaker discharges quasi-judicial function while adjudicating question of disqualification of a Member. Such decision is amenable to judicial review.
Comparative Citation: 2011 (1) KCCR 476
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