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1987 Supreme(P&H) 337

H.N.SETH, J.V.GUPTA, S.P.GOYAL, D.S.TEWATIA, R.N.MITTAL
Parkash Singh Badal – Appellant
Versus
Union Of India – Respondent


Judgment

S.P.GOYAL, J.

1. These three petitions (Civil Writ Petitions Nos. 3065, 3268 and 3435 of 1986), which are based on identical facts and involve common questions of law, have been filed for quashing the notices dated June 13, 1986, a copy of one of which is attached as Annexure P-6, issued to the petitioners by respondent 6, the Speaker of the Punjab Vidhan Sabha, requiring them to show cause as to why they be not disqualified from the membership of the Punjab Legislative Assembly in terms of Art.191(2) read with paras. 2 and 6 of the Tenth Schedule of the Constitution and his order dated July 4, 1986 (Annexure P-8) rejecting the application (Annexure P-7) of Capt. Amrinder Singh, M.L.A., wherein he claimed to be recognised as the leader of the 27 M.L.As. who were stated to have formed a separate legislative party because of the alleged split in the Shiromani Akali Dal. The attack is two prone. First, that the Constitution (Fifty-Second Amendment) Act, 1985 is ultra vires of the powers of the Parliament. Second, that an appropriate order having already been passed by the Speaker under para. 6 of the Tenth Schedule to the Constitution, its successor had no jurisdiction to igno













































































































































































































































































































































































































































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