Supreme Court of India

Speaker Haryana Vidhan Sabha v. Kuldeep Bishnoi & Ors.

Neutral citation

Reported as [2012] 10 S.C.R. 672

Bench Altamas Kabir and J. Chelameswar JJ.

Decided 28 September 2012

Status Distinguished

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that since the decision of the Speaker on a petition under paragraph 4 of the Tenth Schedule D concerns only a question of merger on which the Speaker is not entitled to adjudicate, the High Court could not have assumed jurisdiction under its powers of review before a decision was taken by the Speaker under paragraph 6 of the Tenth Schedule to the Constitution.

Judgment, page 27

From the headnote

Constitution of India, 1950 - Articles 226 & 227 and Article 191 r/w Tenth Schedule - Haryana Vidhan Sabha - Five MLAs of one political party wrote letters to the Speaker expressing their intention to merge their party with another political party - Speaker accepted the merger and recognized the said MLAs as Members of the other political party - Petitions filed before the Speaker under paragraph 6 of the Tenth Schedule to the Constitution for disqualif1eation of the said MLAs - On ground that they had voluntarily given up the membership of their original political party and had joined

Authorities it was built on

1991 Kihoto Hollohan v. Zachillhu and Others cited by 59
2003 Banarsi and Ors. v. Ram Phal cited by 9
2007 Sri Rajendra Singh Rana and Ors. v. Swami Prasad Maurya and Ors. cited by 9
1998 Mayawati v. Markandeya Chand and Ors. cited by 7
1965 Raja Soap Factory and Others v. S. P. Shantharaj and Others cited by 2

Where later benches applied it

2025 Padi Kaushik Reddy Etc. v. The State of Telangana and Others Etc. mentioned
2020 Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors. mentioned
2023 Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. not applicable

Of those, 2 mentioned · 1 not applicable

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