Anosh Ekka S/o Shri Anand Kumar Ekka vs Alamgir Alam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 1154

SANJAY KUMAR DWIVEDI
Anosh Ekka S/o Shri Anand Kumar Ekka – Appellant
Versus
Alamgir Alam – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Rajendra Krishna, Amit Sinha, Pratiyush Shounikya, Shubham Mayank.
For the Respondents: Anil Kumar, Ankitesh Kumar Jha, Aparna Dubey.

Table of Content
1. disqualification under the 10th schedule. (Para 2 , 3 , 4)
2. validity of the enforcement of the party whip. (Para 5 , 6 , 10)
3. judicial review standards for speaker's decisions. (Para 7 , 8 , 12)
4. nature of speaker’s powers under the 10th schedule. (Para 9 , 11)
5. conclusion on the constitutionality of disqualification. (Para 15 , 19 , 24)

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioner and Mr. Anil Kumar, learned counsel appearing for the respondent No. 2. The argument was concluded on 25.08.2023 and the judgment was reserved on that day.

2. This petition has been filed against the order dated 13.08.2009, contained in Annexure-3, issued by the respondent No. 1, who was the Speaker, Jharkhand Legislative Assembly, while exercising powers under 10th Schedule of the Constitution of India and Clause-2 of the same, in particular for allegedly violating the ‘Whip’ issued by the then President of Jharkhand Party directing the petitioner to support the United Progressive Alliance (hereinafter referred to as ‘U.P.A.’) Government headed by Shri Shibu Soren in the vote of confidence in the Jharkhand Assembly and

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2023 Supreme(Jhk) 1154

SANJAY KUMAR DWIVEDIAnosh Ekka S/o Shri Anand Kumar Ekka – AppellantVersusAlamgir Alam – Respondent

Cases Referred (8)

SANJAY KUMAR DWIVEDI
Anosh Ekka S/o Shri Anand Kumar Ekka – Appellant
Versus
Alamgir Alam – Respondent