Bunny Chintu 09 September 2024

can the honorable high court of a state can instruct an assembly speaker to pass an oreder with in a month regarding a members qualfication.ss an order within 4 weeks ?

dear experts,
can a honorable high court of a state direct speaker of a state assebly to pass an order ?
kindly give any citation if it is convenient for you.
thanq.

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Quick Summary

This discussion explores whether a state's High Court has the authority to direct a State Assembly Speaker to issue an order regarding a member's qualification within a specific period, such as one month or four weeks. While the Governor's decision is final on disqualification matters (excluding anti-defection), they must consult the Election Commission of India. The content also promotes legal courses on the Indian Constitution.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 09 September 2024

On the question of whether a member has become subject to disqualification (other than Anti-defection law), the Governor's decision is final. However, he should obtain the opinion of the Election Commission of India and act accordingly.

Shweta Bharti (--) 17 March 2026

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ADVOCATE- DEHRADUN, UTTRAKHAND