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2012 Supreme(SC) 679

ALTAMAS KABIR, J.CHELAMESWAR
SPEAKER HARYANA VIDHAN SABHA – Appellant
Versus
KULDEEP BISHNOI – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The core issue concerns whether the High Court has the jurisdiction under Articles 226 and 227 of the Constitution to issue interim directions to Members of the House while disqualification petitions are pending before the Speaker of a State Legislative Assembly (!) .

  • The Court found that the High Court exceeded its jurisdiction when it issued interim orders that effectively prevented certain MLAs from functioning as Members of the Legislative Assembly before the Speaker had made a final decision (!) (!) .

  • The decision of the Speaker on disqualification petitions under the relevant provisions is final and concerns only a question of merger or split, which the Speaker is not authorized to adjudicate. Such determinations are to be made only when a question of disqualification arises under the specified procedure (!) (!) .

  • The Court emphasized that the proceedings under the Tenth Schedule, particularly regarding disqualification, are primarily within the domain of the Speaker and that the High Court's jurisdiction to interfere must be limited to final orders or violations of constitutional mandates, mala fides, or natural justice (!) (!) .

  • The Court clarified that interim orders, such as restraining the Speaker from taking decisions under the relevant paragraphs, are beyond the jurisdiction of the High Court before a final decision is made by the Speaker (!) .

  • The Court also highlighted that the power to decide on disqualification on the grounds of merger or split is vested solely with the Speaker and that the High Court cannot substitute its judgment at an interlocutory stage, especially when proceedings are pending before the Speaker (!) (!) .

  • The Court upheld that the High Court should not pass interim orders that have the effect of disqualifying Members or preventing them from functioning until the Speaker has made a final decision (!) .

  • The Court directed that the High Court's order to the Speaker to decide the disqualification petitions within a specified period is valid, but the portion of the order disqualifying the MLAs from functioning was set aside, allowing them to act as Members until the final decision by the Speaker (!) .

  • Ultimately, the Court dismissed the appeal of the Speaker against the High Court's order, reinforcing that the jurisdiction to decide disqualification matters lies with the Speaker, and the High Court's role is limited to judicial review after a final order (!) (!) .

  • The Court ordered that the Speaker must decide the pending disqualification petitions within three months, and until then, the MLAs are entitled to function as Members without restrictions (!) (!) .

These points encapsulate the Court's view that interim judicial orders interfering with the Speaker's exclusive authority in disqualification proceedings are beyond the High Court's jurisdiction, emphasizing the importance of finality and procedural correctness in such constitutional matters.


Kabir, J.-Leave granted.

2. The subject matter of challenge in these appeals is the final judgment and order dated 20th December, 2011, passed by the Punjab & Haryana High Court in the different Letters Patent Appeals filed by the Appellants herein.

3. The first Civil Appeal, arising out of SLP(C)No.54 of 2012, has been filed by the Speaker of the Haryana Vidhan Sabha against the judgment and order passed by the Punjab and Haryana High Court in his Letters Patent Appeal No.366 of 2011. By the said judgment, the Division Bench not only dismissed the appeal and did not choose to interfere with the directions given by the learned Single Judge to the Speaker to decide the petitions for disqualification of five MLAs within a period of four months, but in addition, directed that pending such decision, the five MLAs in question would stand disqualified from effectively functioning as members of the Haryana Vidhan Sabha. Aggrieved by the interim directions purportedly given under Order 41 Rule 33 of the Code of Civil Procedure (C.P.C.), the Speaker filed SLP(C)No.54 of 2012, challenging the same.

4. The other three SpecialLeave Petitions (now appeals) were filed by the five MLAs, who wer



























































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