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Sarthak   15 August 2018

Clubbing of petitions

Can a petition in which one appellant claims for disqualification of a member under the Tenth Schedule against the decision of the speaker and a petition in which the appellant challenges the constitutionality of the Tenth Schedule alongwith the challenge to his disqualification by the same speaker as the above be heard together? Brief Facts: 1. The Speaker did not disqualify a MLA while, when the party X seeked so on reasonable grounds. 2. Subsequently in another instance the Same Speaker disqualified a member of another party Y in different sceanrios. 3. The petitions are filed by firstly, Party X (for disqualification) and then by member of Party Y (for constitutionality and against disqaulification) 4. Can they be clubbed? P.S. - It is a hypothetical situation hence answers both for and against shall be beneficial alongwith relevant provisions and precedents


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