[LIVE] Supreme Court Updates [Validity Of Finance Bill And Supreme Court Vs RTI]

Findings on allegations are based on unique facts of the case. It does not mean that speaker should not give proper time.

71(1) b and 164(1)b are meant to discourage horse trading. Disqualification takes back to the place on which it takes place. Resignation does not make it redundant.

Resignation or disqualification both result in vacancy of seat. Under 10th schedule.

Speaker can only examine if resignation is voluntary or not. Otherwise he is bound to accept it. That is only satisfaction.

Constitutional morality is important. Uphold order of speaker. Struck down portion which said till end of term. Speaker is a quasi judicial authority. Can come under Art. 32. Go to HC first.

It is clear that speaker in exercise of powers under constitution has this power. Rule of law not to be confused with existence of the same.

 Breaking: Supreme Court upholds disqualification of Karnataka MLAs but MLAs can contest

About rejection of resignations -

Since we are deciding disqualification, resignation not needed to be gone into. As such there is no doubt that disqualification has nothing to do with resignation. Resignation does not take away power of disqualification of speaker.

A party challenging disqualification is required to first approach the HC. This court will have the benefit of HC judgement if dispute comes here. Even though this court has jurisdiction.

Interim orders were passed by coordinate bench. We heard matter at length on 26.09.2019. We are left with no choice but to hear that matter.