Day: 20 November 2024

JudgmentsSupreme Court on Constitution

SUBHASH DESAI VS PRINCIPAL SECRETARY, GOVERNOR OF MAHARASTRA : CASE SUMMARY

The Supreme Court held in Subhash Desai Vs. Principal Secretary, Governor of Maharastra (2023) 8 SCR 857 held that (i) Speaker is empowered to determine disqualification under 10th Schedule in the first instance , (ii) Political Party has to right to issue whip, (iii) Election Commission of India (ECI) and Speaker has concurrent power to determine award of symbol and disqualification respectively  (iv) Governor has wrongly called upon Mr. Uddhava Tackarey to prove confidence in the Legislative Assembly  and (v) referred Nabam Rebia Vs. Deputy Speaker (2016) 8SCC 1 to larger  Bench.

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