R.K.AGRAWAL, ROHINTON FALI NARIMAN
S. A. Sampath Kumar – Appellant
Versus
Kale Yadaiah – Respondent
ORDER :
1. The present petition raises a question of great constitutional importance, namely, whether a speaker of a legislative assembly, acting under powers granted to him under the Tenth Schedule of Constitution of India (as a quasi judicial authority) can be ordered by a High Court, exercising its writ jurisdiction under Article 226 of the Constitution of India, to decide a particular disqualification petition pending before him within a certain time. Mr. Mukul Rohtagi, learned Attorney General for India, has submitted before us that the answer to this question has clearly been laid down in paragraph 110 of the Constitution Bench judgment in Kihoto Hollohan vs. Zachillhu and Others, (1992) Supp. 2 SCC 651. According to him, this judgment concludes the case before us, as has been held by the judgment in appeal in the present case. On the other hand, learned counsel appearing on behalf of the appellant has submitted before us that the focus in the decision Kihoto Hollohan (supra) was somewhat different. He submitted that the constitutional validity of the Tenth Schedule of the Constitution of India as a whole was what was before the Court, and the Court, therefore, was not faced w
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