Supreme Court · 1998 INSC 390 · Decided 9 October 1998
Mayawati v. Markandeya Chand and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 390 · [1998] SUPP. 2 S.C.R. 204
- Case number
- CIVIL APPEAL No. 5057/1998
- Decided
- 9 October 1998
- Bench
- M.M. PUNCHHI, K.T. THOMAS, M. SRINIVASAN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136, 226, 227
Headnote
Constitution of India, 1950 : Tenth Scheiule-Paras l(b)(c), 2(1), 3 and 6 Defection-Disqualification of member of House---Ground of defection-­ Power of Speaker to disqualijj;--Speaker 's decision-Judicial review-Scope and extent of-Challenge to Speaker's order---Ground of perversity-Test to on the ground of defection­ Inapplicability in case of split-Claim of split by members-Necessary conditions to prove claim. Defection-Speaker's order of disqualification of members-When set E aside by Supreme Court-Power of Court to remit back the matter for fresh
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