Supreme Court of India

Sri Rajendra Singh Rana and Ors. v. Swami Prasad Maurya and Ors.

Neutral citation

Reported as [2007] 2 S.C.R. 591

Bench K.G. Balakrishnan, H.K. Sema, Dr. Ar. Lakshmanan, P.K. Balasubramany An and D.K. Jain JJ.

Decided 14 February 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that for the purposes of paragraph 3, mere making of claim is not sufficient.

Judgment, page 30

From the headnote

Constitution of India, 1950: Article 191 read with para 2 of Tenth Schedule-Defection- Disqualification of MLAs-13 MLAs elected on tickets of the political party whose Chief Minister had submitted resignation of her Cabinet, giving letters of request to Governor to invite leader of opposition party to form Government-Petition before Speaker to disqualify the said 13 MLAs-Later, a request made to Speaker by 37 MLAs, elected on tickets of the same party to recognize a split in the party-Speaker accepting split without deciding application seeking disqualification-Writ Petition before High

Authorities it was built on

1991 Kihoto Hollohan v. Zachillhu and Others cited by 59

Where later benches applied it

2020 Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors. relied on
2019 Shrimanth Balasaheb Patil v. Hon’ble Speaker, Karnataka Legislative Assembly and Others relied on
2025 Padi Kaushik Reddy Etc. v. The State of Telangana and Others Etc. followed
2020 Ram Chandra Prasad Singh v. Sharad Yadav followed
2013 Speaker, Orissa Legislative Assembly v. Utkal Keshari Parida referred to
2012 Speaker Haryana Vidhan Sabha v. Kuldeep Bishnoi & Ors. referred to
2012 D. Sudhakar & Ors. v. D.N. Jeevaraju & Ors. referred to
2011 Balchandra L. Jarkiholi & Ors. v. B.S. Yeddyurappa & Ors. referred to
2023 Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. not applicable

Of those, 2 relied on · 2 followed · 4 referred to · 1 not applicable

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