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Kaul : So, the Speaker cannot decide as per this decision. The argument of petitioner has no legs to stand.

"It would be constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule, while a notice of resolution for his own removal from the office of Speaker, is pending" - Kaul quotes from Nabam Rebia

"We are satisfied, that the words “passed by a majority of all the then members of the Assembly”, would prohibit the Speaker from going ahead with the disqualification proceedings under the 10th Schedule, as it would negate the effect of the said words after the disqualification"

Kaul takes the bench through Nabam Rebia decision.

Kaul : And what kind of argument is that Governor has recovered from COVID just two days ago? So a person who has recovered from illness should not discharge his constitutional duties?

Kaul : There is information available in public domain, independent MLAs have written to Governor, so he has taken a decision on relevant materials. 

"The Chief Minister's refusal to take the test could be construed to, prima facie, indicate that they do not enjoy the confidence of the Legislature" - Kaul quotes from Bommai decision.

Kaul : You cannot just frown upon media reports saying that they are media reports. Media is also an integral source of information.

Kaul : The unfolding situation requires a floor test and the Governor in his discretion has decided.

Kaul : You are talking about an order which the Speaker simply cannot pass. Nabam Rebia is clear on that. So there is no question of arguments of my learned friend like pool getting smaller not arising.