Shrimanth Balasaheb Patil v. Hon’ble Speaker, Karnataka Legislative Assembly and Others

SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS (Writ Petition (Civil) No. 992 of 2019) NOVEMBER 13, 2019 [N. V. RAMANA, SANJIV KHANNA AND KRISHNA MURARI, JJ.] Constitution of India – Tenth Schedule; Arts.190(3) (b), 191(1), 191(2) – Acceptance/rejection of the resign ation of the members of the House by the Speaker – Scope of judi cial review u/Arts.32 – Writ petitioners were elected as member s of the 15th Karnataka Legislative Assembly – Though the BJP was t he single largest party, but could not form the Government – A coalition government of INC and JD(S) was formed – Disqualifi cation Petition No.1 of 2019 was instituted against the pe titioners in W.P.(C) No. 997/19 alleging that their conduct was in v iolation of the whip issued by INC – Said petitioners submitted resignations to the Speaker – Other petitioners also submitted their r esignations – No call taken by the Speaker on the resignations – Most of them filed W. P.(C) No. 872/19 wherein Supreme Court inter alia di rected the Speaker to take decision qua the resignations fo rthwith – No decision taken by the Speaker on the resignations – Further, Disqualification Petition Nos.3-5 were filed against 1 3 petitioners (Three in W.P (C) No. 1005/19 and 10 in W.P (C) Nos . 998/19, 1000/19, 1001/19, 1006/19 & 1007/19) – Disqualification Pe tition Nos. 7 & 8 of 2019 were also filed – Chief Minister resigned on losing the trust vote on 23.07.2019 – On 25.07.2019 and 28.07.2019, the Speaker passed the five impugned or ders in the above Disqualification Petitions rejecting the resi gnation of the members asserting that they were not voluntary or g enuine; disqualifying all the Petitioners, the disqualification being till the end of the 15th Legislative Assembly term – Held: Sp eaker, while adjudicating a disqualification petition, acts as a quasi-judicial authority – However, ordinarily, the party challeng ing the disqualification is required to first approach the High Court as t he 886 887 same would be appropriate, effective and expeditious – Speaker’s scope of inquiry with respect to acceptance/rejecti on of a resignation tendered by a member of the legislature is limited to examine whether such a resignation was tendered vol untarily or genuinely – Once it is demonstrated that a member i s willing to resign out of his free will, the speaker has no option but to accept the resignation – In the present case, the Petition ers stated and re-affirmed before the Speaker and this Court, in u nequivocal terms, that they voluntarily and genuinely resigned their membership of the House – It is constitutionally impe rmissible for the Speaker to take into account any extraneous fac tors while considering the resignation – Satisfaction of the Speaker is subject to judicial review – Further, in light of the existi ng Constitutional mandate, the Speaker is not empowered to disqualify any member till the end of the term – Also, no substantial question of l aw exists in the present matter, which needs reference to a l arger bench – Petitioners failed to show any illegality in the orders of the Speaker – Orders dated. 25.07.2019 and 28.07.2019 passed by the Speak er in Disqualification Petition Nos. 1, 3-5, 7 & 8 of 2019, are upheld to the extent of the disqualification of the Petiti oners therein, however, the part of the orders detailing the durat ion of disqualification, viz., from the date of the respective order till the expiry of the term of the 15th Legislative Assembly of Karnataka is set aside – Rules of Procedure and Conduct of Bu siness in Karnataka Legislative Assembly – Chapter 22, r.202 (2) – Constitution (Thirty- third Amendment) Act, 1974 – Constitution (Fifty-second Amendment) Act, 1985 – Constitution ( Ninety-first Amendment) Act, 2003 – Arts. 75(1B), 164(1B) and 36 1B – Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986 – r.7(3)(b) – Prin ciples of Natural Justice – Representation of the People Act, 19 51 – s.36(2). Constitution of India – Constitution (Thirty-third Amendment) Act, 1974 – Proviso to Art.190(3)(b) – Respondents contended t hat the acceptance/rejection of resignation is based on the subjective satisfaction of the Speaker which is immune from ju dicial review – Held: Unable to agree with this contention – It is tr ue that 33rd Constitutional Amendment changed the constitutional position by conferring discretion on the Speaker to reject the resignation – However, such discretion is not unqualified, as the resi gnation can SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY only be rejected if the Speaker is “satisfied that s uch resignation is not voluntary or genuine” – Determination of whe ther the resignations were “voluntary” or “genuine” cannot b e based on the ipse dixit of the Speaker, instead it has to be based on his “satisfaction” – Even though the satisfaction is su bjective, it has to be based on objective material showing that resigna tion is not voluntary or genuine – This satisfaction of the Spea ker is subject to judicial review. Constitution of India – Art.190(3)(b) – Speaker’s dut y under – Scope of – Discussed. Constitution of India – Constitution (Ninety-first Amendment ) Act, 2003 – Arts. 75(1B), 164(1B) & 361B – Various Disqualification Petitions were filed against the petitioner s wherein the Speaker passed the impugned orders – However, 15 o f the 17 Petitioners had tendered their resignation from the House before the disqualification petitions were adjudicated – P etitioners contended that the Speaker did not have the jurisdi ction to deal with disqualification petitions, as the Petitioners having resigned were no longer members who could have been disqualified – Hel d: This issue does not apply to the Pe-titioners in W. P. ( C) No. 992/ 19 and W. P. (C) No. 1003/19 as they did not tender their resignation – Further, if it is held that the disqu alification proceedings would become infructuous upon tendering re signation, any member who is on the verge of being disqualifie d would immediately resign and would escape from the sanction s provided u/Arts. 75(1B), 164(1B) & 361B – Such an interpreta tion would therefore not only be against the intent behind the int roduction of the Tenth Schedule, but also defeat the spirit of t he 91st Constitutional Amendment – In addition, the decisio n of the Speaker that a member is disqualified, relates back to the date of the disqualifying action complained of – Constitution (Fifty -second Amendment) Act, 1985 – Tenth Schedule. Constitution of India – Arts. 102(2), 164(1B), 168, 172, 190(3), 191(1), (2), 192, 361(B) – Scheme of the Constit ution with respect to State Legislatures – Discussed. Constitution of India – Tenth Schedule; Arts.190(3)( b), 191 – Scope of the Speaker’s power on disqualification – Discussed. 889 Constitution of India – Arts.191(1) and (2) – Contr ast in phraseology between Arts.191(1) and 191(2) – Held: Ex clusion of the phrase “for being chosen as” a mem-ber in Art.191(2) su ggests that the disqualification under the Tenth Schedule is qu alita-tively and constitutionally different from the other types of disqualification that are provided for u/Art. 191(1) – Phrase “for being chosen as” has a specific connotation, meanin g that a person cannot become a member of the House, if sufferin g from a disqualification u/Art.191(1) – At the same time, t he absence of these words in Art.191(2) suggests that a person who is no longer a member due to disqualification under the Tenth Sc hedule does not suffer from the additional infirmity of not bei ng allowed to become a member subsequently – Therefore, such a person is not barred from contesting elections – Representation o f the People Act, 1951 – ss.7-11, 36(2) – Constitution (Ninety-first Amendment) Act, 2003 – Arts. 164(1B) & 361B. Constitution of India – Tenth Schedule – Resignatio n and disqualification on account of defection under the said Schedule – Held: Both result in vacancy of the seat held by th e member in the legislature, but further consequences envisaged are different. Constitution of India – Disqualification under the Tenth Schedule – Sanctions under Arts. 75(1B), 164(1B) an d 361B – Held: Speaker is not empowered to disqualify any mem ber till the end of the term – However, a member disqualified under t he Tenth Schedule shall be subjected to sanctions provided u/Ar ts. 75(1B), 164(1B) & 361B which provides for a bar from being appointed as a Minister or from holding any remunerative political p ost from the date of disqualification till the date on which t he term of his office would expire or if he is re-elected to the l egislature, whichever is earlier. Constitution of India – Duty of constitutional func tionaries to uphold constitutionalism and constitutional mora lity – Discussed. Constitution of India – Art.145(3) – Interpretation of – Held: Two important phrases occurring in Art.145(3) are ‘ substantial question of law’ and ‘interpretation of the Constit ution’ – Two conditions can be culled out before a reference is made: (i) The Court is satisfied that the case involves a substan tial question of SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY law as to the interpretation of this Constitution; (ii) The determination of which is necessary for the disposal of t he case – Any question of law of general importance arising i ncidentally, or any ancillary question of law having no significanc e to the final outcome, cannot be considered as a substantial question of law – Existence of substantial question of law does not w eigh on the stakes involved in the case, rather, it depends on the impact the question of law will have on the final determination. Words & Phrases – “voluntary” and “genuine” – Ambit of, in context of Art.190(3)(b)– Constitution of India – Art. 190(3)(b) - Explained. Words & Phrases – ‘disqualification’ – Meaning of – Constitution (Fifty-second Amendment) Act, 1985 – T enth Schedule. Words & Phrases – “violation of constitutional mandat e” – Held: Phrase “violation of constitutional mandate” speaks for itself and does not need much elaboration. A “constitutional man date” can be understood as what is required under, or by, the Constitution – In the context of the Tenth Schedule , and an order of disqualification passed by the Speaker thereunde r, the “constitutional mandate” is therefore nothing but w hat is constitutionally required of the Speaker – A “viola tion of constitutional mandate” is merely an unconstitution al act of the Speaker, one that cannot be defended on the touch-s tone of the Tenth Schedule and the powers or duties of the Spea ker therein and is in contravention or violation of the same – Constitution (Fifty-second Amendment) Act, 1985 – Tenth Schedule. Disposing of the writ petitions, the Court HELD: 1.1 Writ jurisdiction is one of the valuable right s provided under Article 32 of the Constitution, whic h in itself forms part of the basic structure of the Constitution . After the decision in the Kihoto Hollohan case, the Speaker, while exercising the power to disqualify, is a Tribunal and the validity of the orders are amenable to judicial review. On a p erusal of the judgment in the Kihoto Hollohan case, no explicit or implicit bar is found to adjudicate the issue under the writ j urisdiction of this Court. The jurisdiction conferred on this Court by Article 891 32 is an important and integral part of the basic struc ture of the Constitution of India and no act of Parliament can abrogat e it or take it away except by way of impermissible erosion of fundamental principles of the constitutional scheme are settled propositions of Indian jurisprudence. In any case, it is n oted that by challenging the order directly under Article 32, the Petitioners have leapfrogged the judicial hierarchy as e nvisaged under the Constitution. The manner in which the pet itioners have knocked on the doors of this Court is not appr eciated. Among other reasons, the present matter was proceede d to be heard due to the peculiar facts presented before th e Court, wherein certain interim orders were passed herein b y another Co-ordinate Bench of Supreme Court in Writ Petition (C ) No. 872 of 2019 filed by some of the present petitioners. The Cou rt had heard the matter at some length on 25.09.2019 a nd 26.09.2019, when with the consent of the counsel of all the parties, the matter was fixed for final hearing. Since a sub stantial amount of time passed in the meanwhile, and to ensure that the same exercise need not be repeated before the High Cour t, the Court is left with no option but to hear these cases o n merits. [Paras 22, 26, 28 and 29] [925-A-B; 926-D-E-H; 927-A -C] Kihoto Hollohan v. Zachillhu (1992) Supp 2 SCC 651 : [1992] 1 SCR 686 – followed. Tamil Nadu Pollution Control Board v. Sterlite Industries (I) Ltd. 2019 SCC Online SC 221 – referred to. 1.2 It is true that 33rd Constitutional Amendment changed the constitutional position by conferring discretio n on the Speaker to reject the resignation. However, such di scretion is not unqualified, as the resignation can only be rej ected if the Speaker is “satisfied that such resignation is not v oluntary or genuine”. Determination of whether the resignations were “voluntary” or “genuine” cannot be based on the ipse dixit of the Speaker, instead it has to be based on his “sat isfaction”. Even though the satisfaction is subjective, it has to be based on objective material showing that resignation is not vol untary or genuine. When a member tenders his resignation in writing, the Speaker must immediately conduct an inquiry to a scertain SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY if the member intends to relinquish his membership. The inquiry must be in accordance with the provisions of the Cons titution and the applicable rules of the House. This satisfac tion of the Speaker is subject to judicial review. The 33rd Cons titutional Amendment amended Article 190(3)(b) of the Constituti on and added a proviso. Thus, prior to the 33rd Constituti onal Amendment, there was no provision in the Article which required the resignation to be accepted by the Speaker to be come effective. Originally, the position was that a membe r of a Legislative Assembly could resign from office by a unilate ral act, and the acceptance of resignation was not required. First , as a starting principle, it has to be accepted that a me mber of the Legislature has a right to resign. Nothing in the Co nstitution, or any statute, prevents him from resigning. A memb er may choose to resign for a variety of reasons and his r easons may be good or bad, but it is his sole prerogative to r esign. An elected member cannot be compelled to continue his office if he chooses to resign. The 33rd Constitutional Amendmen t does not change this position. On the contrary, it ensur es that his resignation is on account of his free will. Second , the 33rd Constitutional Amendment requires acceptance of resi gnation by the Speaker. Thus, merely addressing a resignation le tter to the Speaker would not lead to the seat automaticall y falling vacant. The Speaker has to accept such resignation for the seat to become vacant. However, as discussed above, the Speaker has limited discretion for rejecting the resignatio n. If the resignation is voluntary or genuine, the Speaker ha s to accept the resignation and communicate the same. Third , the Speaker can reject the resignation, if the Speaker is satis fied that resignation was “not voluntary or genuine”. Fourth , although the word “genuine” has not been defined, in this context , it would simply mean that a writing by which a member chooses to res ign is by the member himself and is not forged by any third p arty. The word “genuine” only relates to the authenticity of the letter of resignation. [Paras 35, 38-42] [928-D-F; 929-D-H; 9 30-A-B- F-G] Union of India v. Gopal Chandra Misra (1978) 2 SCC 301 : [1978] 3 SCR 12 ; Moti Ram v. Param Dev (1993) 2 SCC 725 : [1993] 2 SCR 250 – referred to. 893 1.3 Similarly, the word “voluntary” has not been defined. In this context, it would mean the resignation shou ld not be based on threat, force or coercion. The Speaker the refore has a duty to reject the resignation if such resignation is based on coercion, threat or force. The language of Article 1 90(3)(b) of the Constitution does not permit the Speaker to inqui re into the motive of the resignation. When a member is resigni ng on political pressure, he is still voluntarily doing s o. Once the member tenders his resignation it would be “voluntary” and if the writing can be attributed to him, it would be “genuine ”. In this regard, there is no doubt that the Petitioners have categorically stated and have re-affirmed before the Speaker and this Court, in unequivocal terms, that they have voluntari ly and genuinely resigned their membership of the House. Th is Court, in the earlier Writ Petition, being Writ Petition (C) No. 872 of 2019, had also directed the Speaker to look into the resignati on of the members, but the same was kept pending. The Sp eaker can reject a resignation only if the inquiry demonstrates that it is not “voluntary” or “genuine”. The inquiry should be l imited to ascertaining if the member intends to relinquish his membership out of his free will. Once it is demonstra ted that a member is willing to resign out of his free will, th e Speaker has no option but to accept the resignation. It is cons titutionally impermissible for the Speaker to take into account any other extraneous factors while considering the resignatio n. The satisfaction of the Speaker is subject to judicial review. The aforesaid observations clarify the scope of the Speak er’s duty under Article 190(3)(b) of the Constitution. [Paras 43, 45 and 46] [930-G-H; 931-D-F; 932-F-H; 933-A-B] 2. The Tenth Schedule was brought in to cure the evil of defection recognising the significant impact it has on the h ealth of our democracy. The 91st Constitutional Amendment also strengthens the aforesaid view that the law needed further strengthening in order to curb the evil of defectio n. The aforesaid amendment introduced Articles 75(1B), 164( 1B) and 361B in the Constitution. These provisions bar any pers on who is disqualified under the Tenth Schedule from being appointed as a Minister or from holding any remunerative polit ical post from the date of disqualification till the date on which the term SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY of his of-fice would expire or if he is re-elected to the legislature, whichever is earlier. The intent of the amendment i s crystal clear. The constitutional amendment sought to create addi -tional consequences resultant from the determination that a person was disqualified un-der the Tenth Schedule. If it is held that the disqualification proceedings would become infructuo us upon tendering resignation, any member who is on the verge of being dis-qualified would immediately resign and would esca pe from the sanctions provided under Articles 75(1B), 164(1B) and 361B. Such an interpretation would therefore not only be against the intent behind the introduction of the Tenth Schedul e, but also defeat the spirit of the 91st Constitutional Amendm ent. In addition to the above, the decision of the Speaker that a member is disqualified, relates back to the date of the disqualif ying action complained of. The disqualification relates to the date when such act of defection takes place. The tendering of resign ation does not have a bearing on the jurisdiction of the Speak er in this regard. Therefore, the aforesaid principle may be a dopted accordingly, wherein the taint of disqualification does not vaporise, on resignation, provided the de-fection has h appened prior to the date of resignation. Resignation and disquali fication are distinct mechanisms provided under the law which result in vacancy. Further, the factum/manner of resignation may be a relevant consideration while deciding the dis-quali fication petition. The submission of the Petitioners that th e disqualification pro-ceedings cannot be continued i f the resignations are tendered is not agreed with. Even if the resignation is tendered, the act resulting in disqu alification arising prior to the resig-nation does not come to an end. The pending or impending disqualification action in the pres ent case would not have been impacted by the submission of t he resignation letter, considering the fact that the a ct of disqualification in this case have arisen prior to the members resigning from the Assembly. [Paras 50, 51, 54-56] [934-D-H; 936-C; 937-A-E-G] Rajendra Singh Rana v. Swami Prasad Maurya (2007) 4 SCC 270 : [2007] 2 SCR 591 – relied on. 3.1 The dictionary meaning of the word ‘disqualifica tion’ is ‘to officially stop someone from being in a comp etition or 895 doing something because they are not suitable, or t hey have done something wrong’. However, under the Tenth Sch edule this term occupies a specific meaning wherein, a me mber is stopped from continuing to be a member of a legislative b ody, if his actions fall in one of the conditions provided under paragrap h 2. Article 191(1) of the Constitution provides for disquali fication of a person (a) for being chosen as and (b) for being, a mem ber of the Legislative Assembly or the Legislative Coun cil if his actions or candidature attract the grounds therein. For disqualification such as holding an office of profit, un soundness of mind, insolvency, etc ., bars a person from continuing as a member as well as from contesting elections. Article 1 91(2), on the other hand, bars a person only “for being a member” of th e Legislative Assembly or the Legislative Council. Ar ticle 192 of the Constitution provides that the Governor will be the authority for determination of disqualification on the grounds as c ontained under Article 191(1) of the Constitution. In contrast, the decision as to disqualification on the ground as contained in Arti cle 191(2) of the Constitution vests exclusively in the Speaker in terms of paragraph 6 of the Tenth Schedule. There is no disp ute that provisions under Tenth Schedule are relatable to disquali fication as provided under Articles 102(2) and 191(2) of the Constit ution. The disqualification of a member, apart from the political taint, results in two further restrictions as a means of punitive actions against the members disqualified under the Tenth Sc hedule. Paragraph 6 of the Tenth Schedule has an important bearing upon extent of the judicial review in case of disqualifi cation. Disqualification is with respect to the status of being a member of the House and can only be considered by the Speaker if such question, through a petition, is addressed/ referre d to the Speaker. It is apparent from the reading of paragraph 6 of the Tenth Schedule that the decision of the Speaker on disqualification under the Tenth Schedule is final. Ho wever, the finality which is attached to the order of Speaker cannot be meant to take away the power of this Court to review the sam e. In the Kihoto Hollohan case this Court recognized the Speaker’s role as a tribunal and allowed judicial review of the ord ers of the same on the grounds provided therein. The Speak er, being a constitutional functionary, is generally presumed to have SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY adjudicated with highest traditions of constitutionalis m. In view of the same, a limited review was allowed for the c ourts to adjudicate upon the orders passed by the Speaker un der the Tenth Schedule. Here, the difference in the meaning of the terms ‘final’ and ‘conclusive’ needs to be appreciate, in the context that the order of the Speaker is final but not conclusi ve and the same is amenable to judicial review. Principles of natu ral justice cannot be reduced into a straitjacket formula. The yardst ick of judging the compliance of natural justice, depends on the facts and circumstances of each case. [Paras 60, 64-66, 68, 69 and 72] [938-G-H; 939-A; 940-D-G; 941-F-H; 942-E-H; 943-F] 3.2 Further, the phrase “violation of constitutiona l mandate” speaks for itself and does not need much elaborati on. A “constitutional mandate” can be understood as wha t is re- quired under, or by, the Constitution. In the context of the Tenth Schedule, and an order of disqualification passed by the S peaker thereunder, the “constitutional mandate” is therefo re nothing but what is constitutionally required of the Speaker. A “violation of constitutional mandate” is merely an unconstitutional act of the Speaker, one that cannot be defended on the touch stone of the Tenth Schedule and the powers or duties of the Speaker therein and is in contravention or violation of the same. O n the point of violation of constitutional mandate, although the Court is of the opinion that there was an error committed by the Speaker in deciding the disqualification petitions, the s ame does not rise to a level which requires the Court to qua sh the disqualification orders in their entirety. The specific error which the Court has identified relates to the period of disq ualification imposed by the Speaker in the impugned orders. However, this error is severable, and does not go to the root of the disqualification, and thus does not require the Court to quash the disqualification orders in toto . The ground of malafides is available to an individual challenging the order of the Speaker, the onus of proof regarding the same is on the one who challenges the said action and has a very heavy burden to dis- charge. In the present case, although the Petitione rs claimed that the Speaker acted malafide , they have neither made any specific allegation, nor can it be said that they have dis charged the heavy burden that is required to prove that the ground of 897 malafide is made out. The Petitioners have contended that the order of the Speaker is perverse; how-ever, they ar e not able to specifically point out any such instance. “Perversity” has been understood by this Court in a catena of judgments as r elating to a situation where the findings assailed before i t have been arrived at on the basis of no evidence, or thor-oughly unre liable evidence, and no reasonable person would act upon i t. The impugned orders of the Speaker can be sustained from the challenge made on the ground of perver-sity as the Respond ents have been able to show that there was sufficient mater ial avail- able before the Speaker to pass the impugned orders. Further, on a consideration of the totality of the facts brought on record, it cannot be held that the findings of the Speaker are so unreasonable or unconscionable that no tribunal cou ld have arrived at the same findings. The Petitioners did n ot even controvert the material relied upon by the Speaker. In view of the above, the Petitioners failed to show any illeg ality in the orders of the Speaker. There is no gainsaying that the scope of judicial review is limited to only grounds elaborated under the Kihoto Hollohan case. In this regard, the Petitioners have not been able to establish any illegality in the orders pas sed by the Speaker. The Speaker had concluded based on materia l and evidence that the members have voluntarily given up their membership of the party, thereby accruing disqualifi cation in terms of the Tenth Schedule, which facts cannot be revi ewed and evaluated by this Court in these writ peti-tions. So , the orders of the Speaker to the extent of disqualification ha ve to be accepted. The Petitioners have submitted that the S peaker, through the disqualification orders, has prohibited them from contesting elections and becoming members of the Ho use for the remaining duration of the 15th Legislative Asse mbly of Karnataka. [Paras 77-84] [945-B-F-H; 946-A-H; 947-E-G ] Raja Ram Pal v. Hon’ble Speaker, Lok Sabha , (2007) 3 SCC 184 : [2007] 1 SCR 317 ; E. P. Royappa v. State of Tamil Nadu , (1974) 4 SCC 3 : [1974] 2 SCR 348 ; Sub-Committee on Judicial Accountability v. Union of India , (1991) 4 SCC 699 : [1991] 2 SCR 741 – referred to. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY Griffith and Ryle on Parliament Functions, Practice and Procedure (1989 edn., p.119) – referred to. 4.1 The Tenth Schedule of the Constitution while deali ng with disqualification on account of defection, does not specify the consequences or period of such disqualification. In fact, the vacancy which results from the disqualification is provided under Article 190(3) of the Constitution. Article 191 of the C onstitution provides for disqualification from the membership o f the Legislative Assembly or Legislative Council of a State ge nerally. Article 191(1) of the Constitution is a general pro vision providing for the disqualification from the membershi p of the Legislative Assembly or the Legislative Council of a State on the grounds mentioned therein. Article 191(2) of th e Constitution specifically provides that a person di squalified under the Tenth Schedule is disqualified for being a member. Article 191(2) of the Constitution, like the Tenth Schedu le, does not provide that the “disqualification” is to opera te for a particular period or duration. Article 191(1) of the Const itution provides that a person disqualified under any one of the cla uses of Article 191(1) is disqualified both “for being chosen as” and “for being ” a member of the house. In contrast, Article 191(2) only uses the phrase “ for being a member ”, which is the language used in paragraph 2 of the Tenth Schedule. The exclusi on of the phrase “ for being chosen as ” a member in Article 191(2) of the Constitution suggests that the disqualification unde r the Tenth Schedule is qualitatively and constitutionally differen t from the other types of disqualification that are provided for un der Article 191(1) of the Constitution. The phrase “ for being chosen as ” has a specific connotation, meaning that a person cannot beco me a member of the House, if suffering from a disqualificati on under Article 191(1) of the Constitution. At the same time, t he absence of these words in Article 191(2) of the Constitution sug gests that a person who is no longer a member due to disqualification under the Tenth Schedule of the Constitution does not suffer from the additional infirmity of not being allowed to become a member subsequently. Therefore, such a person is not barred from contesting elections. This interpretation is further supported by the language employed in Section 36(2) of the Represe ntation of the People Act, 1951. Articles 164(1B) and 361B of the 899 Constitution, which were inserted by the 91st Const itutional Amendment, also show that disqualification under th e Tenth Schedule does not bar a person from contesting election s. Both the above constitutional provisions specifically indicate the outer period for which the consequences indicated therein would extend, which is, either till the end of the term o r till the disqualified member is elected, whichever is earlie r. The fact that the phrase “whichever is earlier” is used in b oth these provisions, indicates that the Constitution contemp lates a situation where an election takes place prior to th e end of the term of the House. Further, the term “election” as us ed in the above provisions has not been constrained by any othe r word, which strengthens the view that a member who has be en disqualified under the Tenth Schedule is not barred from contesting elections. Parliament by way of an enactment u nder Article 191(1)(e) read with Entry 72 of the Union L ist in the Seventh Schedule can make a law providing for disqualificati ons of persons from contesting elections. It is in exer cise of this power that the Parliament enacted The Representatio n of the People Act, 1951. The Preamble to the aforementione d Act makes it evident that it was enacted for the purpos e of “providing qualifications and disqualifications for member ship” to the Houses of Legislature. Chapter II of Part II of the Representation of the People Act, 1951 provides for the qualification for membership of the State Legislatu re while Chapter III vide Sections 7 to 11 provides for disqualification for membership of the Legislature. These sections n ot only provide for the event of disqualification, but also provide f or the specific periods for which such disqualification shall ope rate. For instance, under Section 8 of the Representation of t he People Act, 1951, different periods of disqualification ar e provided depending on the specific offence an individual is convicted under. However, the provisions do not provide for and deal with disqualification under the Tenth Schedule. Clearly, Section 36 of the Representation of the People Act, 1951 also does not contemplate such disqualification. Therefore, neither u nder the Constitution nor under the statutory scheme is it cont emplated that disqualification under the Tenth Schedule would op erate as a bar for contesting re-elections. The language of clauses (1) and SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY (2) of Article 191, Articles 164(1B) and 361B are contrary t o the contention of the Respondents. The Speaker does not hav e any explicit power to specify the period of disqualificatio n under the Tenth Schedule or bar a member from contesting electi ons after disqualification until the end of the term of the L egislative Assembly. When the express provisions of the Consti tution provide for a specific eventuality, it is not appro priate to read an “inherent” power to confer additional penal cons equences. To do so, and accept the contention of the responden ts, would be against the express provisions of the Constituti on. This Court has repeatedly held that a person cannot be barred from contesting elections if he is otherwise qualified t o contest the same. Nothing can be added to the grounds of disqual ification based on convenience, equity, logic or perceived pol itical intentions. It is clear that the power to prescribe qualifications and disqualifications for membership to the State Le gislature must be specifically provided for under the Constit ution or by the Parliament by enacting a law. Since neither the Cons titution nor any Act provides for defection to another party as a bar fr om contesting further elections, reading such a bar into th e nebulous concept of the inherent powers of the Speaker is impe rmissible and invalid. [Paras 90-98, 100, 101, 103, 106] [949 -B-H; 950- A-G; 951-B-F; 952-A-C; 953-E-H; 954-A-B] G. Narayanaswami v. G. Pannerselvam, (1972) 3 SCC 717 : [1973] 1 SCR 172 – referred to. 4.2 The Speaker, in exercise of his powers under the T enth Schedule, does not have the power to either indicate the period for which a person is disqualified, nor to bar some one from contesting elections. The desirability of a particular rule or law, should not in any event be confused with the questi on of existence of the same, and constitutional morality shou ld never be replaced by political morality, in deciding what the Constitution mandates. [ refer to Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217]. It is, therefore, held that p art of the impugned orders passed by the Speaker which specifies that the disqualification will last from the date of the order to t he expiry of the term of the 15th Legislative Assembly of Karna taka to be ultra vires the constitutional mandate, and strike down this 901 portion of the disqualification orders. However, this does not go to the root of the order, and as such, does not affect the aspect of legality of the disqualification orders. [Paras 110, 1 11] [955- F-G; 956-A-B] Indra Sawhney v. Union of India, (1992) Supp 3 SCC 217 : [1992] 2 Suppl. SCR 454 - referred to. 5.1 The two important phrases occurring in Article 145(3) of the Constitution are ‘substantial question of la w’ and ‘interpretation of the Constitution’. By reading th e aforesaid provision, two conditions can be culled out before a reference is made: (i) The Court is satisfied that the case i nvolves a substantial question of law as to the interpretatio n of this Constitution; (ii) The determination of which is nec essary for the disposal of the case. It may be stated that the Cou rt is not persuaded for referring the present case to a large r bench as the mandate of the aforesaid Article is that this Court n eeds to be satisfied as to the existence of a substantial ques tion of law on the Constitutional interpretation. However, this does not mean that every case of constitutional interpretatio n should be compulsorily referred to a Constitutional Bench. Qu estion of constitutional interpretation would arise only if t wo or more possible constructions are sought to be placed on a provision. The ambit of this Court’s jurisdiction under Articl e 32 of the Constitution is well settled, which does not merit any further reference in this regard. The case mostly turns on the fact that there is ample evidence to portray that the defecti on of these Petitioners had occurred even before they resigned. In the impugned orders, the Speaker has made out a case that the acts of the Petitioners indicated “ voluntary giving up of membership ”. Therefore, the question as to the jurisdiction of the Speaker to deal with disqualification after the members have tende red the resignation does not arise, stricto sensu . In view of the aforesaid factual scenario, there is no requirement to deal w ith the questions of law raised by the Respondents. In view of the aforesaid discussion, the Court declines to refer t he case to a larger bench considering that there is no substantia l question of constitutional interpretation that arises in thi s case. [Paras 120, 121, 124-126 and 129] [959-B-E; 960-G; 961-B-D -H] SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY Abdul Rahim Ismail C. Rahimtoola v. State of Bombay, AIR 1959 SC 1315 : [1960] SCR 285 ; Bhagwan Swarup Lal Bishan Lal v. State of Maharashtra , AIR 1965 SC 682 : [1964] SCR 378 ; People’s Union for Civil Liberties (PUCL) v. Union ofIndia , (2003) 4 SCC 399 : [2003] 2 SCR 1136 – referred to. 5.2 W.P. (C) NO. 992 OF 2019 The order of the Speaker does not suffer from perversit y. Even the petitioner has not submitted material to controver t the findings recorded by the Speaker in the impugned orde r. With regard to the assertion that there was violation of prin ciples of natural justice would not also stand in view of the fact that the Speaker has taken a holistic view and gave sound re asons to disqualify the petitioner after providing him sufficient opportunity to defend himself. Alleged violation of principles of natural justice also do not carry any weight in view of the factual backgrou nd of the case read in light of the fact that trust vote had to be voted upon. [Para 134] [963-B-C] 5.3 W. P. (C) NO. 997 OF 2019 The Speaker in the impugned order has taken note of the surrounding circumstances, including the conduct of the Petitioners from February 2019 onwards. The Speaker had sufficient material before him to pass the order of disqualification. There exist no infirmities in the order, which call s for our indulgence and interference. [Paras 136-138] [963-H; 9 64-A-E] 5.4 W.P. (C) NOS. 998, 1000, 1001, 1005, 1006 AND 1007 OF 2019 The three Petitioners in Writ Petition (C) No. 1005 of 20 19 were members of the JD(S), against whom a separate Disqualification Petition No. 5 of 2019 was moved. The Speaker passed a separate impugned order dated 28.07.2019 a gainst these Petitioners. Petitioners in Writ Petition (C) N os. 998, 1000, 1001, 1006 and 1007 of 2019 were all members of the INC, against whom Disqualification Petition Nos. 3 and 4 of 2019 were moved. A common order dated 28.07.2019, disqualifying the 10 Petitioners, was passed by the Speaker. A notice of three days with an opportunity for hearing would have been sufficien t in the 903 facts and circumstances of this case, when viewed in light of the deci-sion in the Ravi S Naik case. In this regard, the attention of the Court was drawn to the fact that notices were s ent to their emails, and their permanent addresses within their consti tuency. In view of the unique facts, it cannot be said that an opportunity was not provided to the Petitioners to appear before the Speaker. It is altogether a different mat-ter that the aforesaid P etitioners were in Mumbai even though they were aware of the notic e, and some of them did not even bother to be represented be fore the Speaker. In this light, it cannot be said that effective op portunity was not granted to the Petitioners. Consequently, it cannot be said as well that there has been a violation of pri nciples of natural justice as against the aforesaid Petitioners . [Para 139- 140-143] [964-F-G; 965-F-H] Ravi S. Naik v. Union of India , (1994) Supp 2 SCC 641 : [1994] 1 SCR 754 - referred to. 5.5 W.P. (C) NO. 1003 OF 2019 No reason and good ground is found to hold that the findings in the impugned order are perverse and base d on no evidence. Rather the stand and plea taken by the Pe titioner is devoid of merit. Similarly, the plea predicated on th e violation of principles of natural justice must fail in the light of the above facts. The findings on allegations of not granting sp ecific time in all the above cases are based on the unique fact s and circumstances of each case. It should not be understood to mean that the Speaker could cut short the hearing period . The Speaker should give sufficient opportunity to a member before deciding a disqualification proceeding and ordinarily follow the time limit prescribed in the Rules of the Legislatur e. [Paras 150, 151] [967-D-E] 6.1 In light of the discussion above, summary of law as held herein is as follows: (a) The Speaker, while adjudi cating a disqualification petition, acts as a quasi-judicial authority and the validity of the orders thus passed can be questioned before this Court under Article 32 of the Constitution. However, ordi narily, the party challenging the disqualification is requi red to first approach the High Court as the same would be approp riate, effective and expeditious. (b) The Speaker’s scope of inqu iry with SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY respect to acceptance or rejection of a resignation te ndered by a member of the legislature is limited to examine whet her such a resignation was tendered voluntarily or genuinely. Once it is demonstrated that a member is willing to resign out of his free will, the speaker has no option but to accept the resi gnation. It is constitutionally impermissible for the Speaker t o take into account any extraneous factors while considering th e resignation. The satisfaction of the Speaker is subject t o judicial review. (c) Resignation and disqualification on acc ount of defection under the Tenth Schedule, both result in vacancy of the seat held by the member in the legislature, but further consequences envisaged are different. (d) Object and purpose of the Tenth Schedule is to curb the evil of politi cal defection motivated by lure of office or rather similar considerations wh ich endanger the foundation of our democracy. By the 91 st Constitutional Amendment, Articles 71 (1B), 164(1B) and 361B were enacted to ensure that a member disqualified b y the Speaker on account of defection is not appointed as a Min ister or holds any remunerative political post from the d ate of disqualification or till the date on which his term of of fice would expire or he/she is re-elected to the legislature, w hichever is earlier. (e) Disqualification relates back to the date w hen the act of defection takes place. Factum and taint of disqu alification does not vaporise by tendering a resignation letter to the Speaker. A pending or impending disqualification action does not become infructuous by submission of the resignation let ter, when act(s) of disqualification have arisen prior to the member’s resignation letter. (f) In the earlier Constitution Ben ch judgment of Kihoto Hollohan, the order of the Speaker under Tenth Schedule can be subject to judicial review on four grou nds: mala fide, perversity, violation of the constitutional mandate and order passed in violation of natural justice. (g) Findings on al legations of not granting specific time in all the above cases are based on the unique facts and circumstances of the case. It sh ould not be understood to mean that the Speaker could cut short the hearing period. The Speaker should give sufficient opportun ity to a member before deciding a disqualification proceedin g and ordinarily follow the time limit prescribed in the R ules of the Legislature. (h) In light of the existing Constitutiona l mandate, 905 the Speaker is not empowered to disqualify any member till the end of the term. However, a member disqualified und er the Tenth Schedule shall be subjected to sanctions prov ided under Articles 75(1B), 164(1B) and 361B of Constitution, which provides for a bar from being appointed as a Minister or fr om holding any remunerative political post from the da te of disqualification till the date on which the term of hi s office would expire or if he is re-elected to the legislature, w hichever is earlier. (i) There is a growing trend of the Speaker ac ting against the constitutional duty of being neutral. Further ho rse trading and corrupt practices associated with defection and change of loyalty for lure of office or wrong reasons have no t abated. Thereby the citizens are denied stable governments. In these circumstances, there is need to consider strengthen ing certain aspects, so that such undemocratic practices are discourag ed and checked. (j) The existence of a substantial question of law does not weigh on the stakes involved in the case, rather, it depends on the impact the “question of law” will have on th e final determination. If the questions having a determinin g effect on the final outcome have already been decided by a co nclusive authority, then such questions cannot be called as “ substantial questions of law”. In any case, no substantial ques tion of law exists in the present matter, which needs reference to a larger bench. [Para 152] [967-F-H; 968-A-H; 969-A-H] 6.2 The following order is passed: Orders dated 25.07.2019 and 28.07.2019 passed by the Speaker in Disqualification Petition Nos. 1, 3, 4, 5, 7 and 8 of 2019, are upheld to the extent of the disqualification of the Petitioners therein. However, the part of Speaker’s orders deta iling the duration of disqualification, viz., from the date of the respective order till the expiry of the term of the 15th Legisla tive Assembly of Karnataka, is accordingly set aside. [Paras 153] [970 -A-C] Ujjam Bai v. State of Uttar Pradesh AIR 1962 SC 1621 : [1963] SCR 778 ; Naresh Shridhar Mirajkar v. State of Maharashtra AIR 1967 SC 1 : [1966] SCR 744 – followed. Jagjit Singh v. State of Haryana (2006) 11 SCC 1 ; D. Sanjeevayya v. Election Tribunal, Andhra Pradesh SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AIR 1967 SC 1211 : [1967] SCR 489 ; N.S. Vardachari v. G. Vasantha Pai, (1972) 2 SCC 594 : [1973] 1 SCR 886 – relied on. U.P. State Spinning Co. Ltd. v. R.S. Pandey (2005) 8 SCC 264 : [2005] 3 Suppl. SCR 603 ; State of Uttar Pradesh v. Mohammad Nooh AIR 1958 SC 86 : [1958] SCR 595 ; Harbanslal Sahnia v. Indian Oil Corporation Ltd. (2003) 2 SCC 107 ; Maneka Gandhi v. Union of India (1978) 1 SCC 248 : [1978] 2 SCR 621 ; Delhi Transport Corporation v. D.T.C. Mazdoor Congress (1991) Supp 1 SCC 600 : [1990] 1 Suppl. SCR 142 ; State (NCT of Delhi) v. Union of India (2018) 8 SCC 501 : [2018] 7 SCR 1 ; R.S. Dass v. Union of India , (1986) Supp SCC 617 : [1987] SCR 527 ; Balachandra L. Jarkhiholi v. B. S. Yeddyurappa, (2011) 7 SCC 1 : [2011] 10 SCR 877 ; Mayawati v. Markandeya Chand, (1998) 7 SCC 517 : [1998] 2 Suppl. SCR 204 ; Public Interest Foundation v. Union of India (2019) 3 SCC 224 : [2018] 10 SCR 14 – referred to. Case Law Reference [2005] 3 Suppl. SCR 603 referred to Para 20 [1958] SCR 595 referred to Para 20 (2003) 2 SCC 107 referred to Para 20 [1992] 1 SCR 686 followed Para 21 [1978] 2 SCR 621 referred to Para 23 [1963] SCR 778 followed Para 24 [1966] SCR 744 followed Para 24 (2006) 11 SCC 1 relied on Para 25 [1978] 3 SCR 12 referred to Para 38 [1993] 2 SCR 250 referred to Para 38 [1990] 1 Suppl. SCR 142 referred to Para 52 [2018] 7 SCR 1 referred to Para 53 [2007] 2 SCR 591 relied on Para 53 [1967] SCR 489 relied on Para 55 [1987] SCR 527 referred to Para 72 907 [1994] 1 SCR 754 referred to Para 73 [2011] 10 SCR 877 referred to Para 74 [2007] 1 SCR 317 referred to Para 77 [1974] 2 SCR 348 referred to Para 79 [1991] 2 SCR 741 referred to Para 79 [1998] 2 Suppl. SCR 204 referred to Para 81 [1973] 1 SCR 172 referred to Para 101 [1973] 1 SCR 886 relied on Para 102 [1992] 2 Suppl. SCR 454 referred to Para 110 [1960] SCR 285 referred to Para 123 [1964] SCR 378 referred to Para 123 [2003] 2 SCR 1136 referred to Para 123 [2018] 10 SCR 14 referred to Para 128 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 992 of 2019. [Under Article 32 of The Constitution of India] With Writ Petition (C) Nos. 997, 1000, 998, 1005, 1003, 1001, 1007, 1006 of 2019. Mukul Rohatgi, V. Giri, K.V. Vishwanathan, Gangadhar R. Gurumath, C.A. Sundaram, Sajan Poovayya, Rakesh Dwivedi, Kapil Sibal, Dr. Rajeev Dhavan, Devadutt Kamat, K. Shashikiran Shetty, Sr. Advs., Shubhranshu Padhi, Kush Chaturvedi, Sandeep Patil, Ms. Prerna Priyadarshini, Apoorv Singhal, Ms. Priyashree Sharma PH, Ashish Yadav, Rakshit Jain, Ms. S. Shankar, Ms. Palak Mahajan, Ms. Diksha Rai, T. V. Ratnam, Devraje Gowda G., Vikram Hegde, Ms. Rohini Musa, Zaffar Inayat, Abhishek Gupta, Shantanu Lakhotia, Kashi V., Pratibhanu Kharolla, Ms. Raksha Agarwal, Ms. Hima L awrence, Mishra Saurabh, Amit Sharma, Dipesh Sinha, Ms. Pallavi Barua, Ms. Ayiala Imti, Prateek Kumar, Eklavya Dwivedi, Sunil Fernandes, Nizam Pasha, Javedur Rehman, Ms. Priyansha Indra Sharma, Ashwin G. Raj, Ms. Siddhi Padia, Mahesh Thakur, Ms. Sheffali Chaudh ary, Mrs. Vipasha Singh, Vybhav Ramesh, Advs. for the appearing partie s. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY JUDGMENT Table of Contents Introduction A Contentions B Issues C Maintainability of Writ Petition D Rejection of Resignations E Disqualification Proceedings After Resignation F Validity of Disqualification order G Power of the Speaker to direct disqualification till the expiry of the term H Reference to Constitution Bench I Individual Cases J Conclusions K N. V. RAMANA, J. A. INTRODUCTION 1. Reflecting on Indian parliamentary democracy, the words of André Béteille, Professor Emeritus of Sociology, need to be observed: “In a parliamentary democracy, the obligations of constitutional morality are expected to be equally binding on the government and the opposition. In India, the sa me political party treats these obligations very differe ntly when it is in office, and when it is out of it. This has contributed greatly to the popular perception of our political system as being amoral…” 1 Although the framers of the Constitution entrusted ‘ we the people’ with the responsibility to uphold the constitutional values having attained freedom, the question which begs herein to be answere d is to what extent we have discharged our duty and sustained our democratic and constitutional obligations. 1 André Béteille, ‘Constitutional Morality’, Economic and Political Weekly, Volume 43 (40)(4th October 2008). 909 2. In this context, the questions arising in this batch of W rit Petitions concern the importance of party politics in a democ racy and the requirement to have stability within the government to facilitate good governance, as mandated under the Constitution. We need to keep in mind that the separating line between dissent and defection requires to be made apparent, so that democratic values are upheld in balance with other constitutional considerations. In an endeavor to maintain s uch balance, the role of the Speaker is critical in maintaini ng the balance between democratic values and constitutional considerations. In this regard, this Court’s role is only to ascertain whether the Spe aker, as a neutral member, upheld the tradition of his office to uphold the Constitution. 3. These Writ Petitions are filed against five different orders passed by the Speaker of the Karnataka Legislative Ass embly: two orders dated 25.07.2019 in Disqualification Petition No. 01 of 2019 and Disqualification Petition No. 07 of 2019 respectively; two orders dated 28.07.2019 in Disqualification Petition No. 05 of 2 019 and Disqualification Petition No. 08 of 2019 respectively; and a c ommon order dated 28.07.2019 in Disqualification Petition Nos. 3 and 4 of 2019. 4. Brief facts which are necessary for the disposal of the present petitions are that the results of the 15 th Karnataka Legislative Assembly were declared on 15.05.2018. The contesting political parties s ecured the following seats: Party Seat Won Bahujan Samaj Party 1 Bharatiya Janata Party [ BJP ] 104 Indian National Congress [ INC ] 78 Janata Dal (Secular) [ JD(S) ] 37 Karnataka Pragnyavantha Janatha Party [ KPJP ] 1 Independent 1 Total 222 SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 5. The Petitioners herein were elected as members o f 15 th Karnataka Legislative Assembly, as per the details given below: W.P. (C)NO. PETITIONERS(S) PARTY CONSTITUENCY 992/2019 Shrimanth Balasaheb Patil INC Kagawad 997/2019 1. Ramesh Jarkhiholi 2. Mahesh Kumathalli INC 1. Gokak 2. Athani 998/2019 1. Pratap Gouda Patil 2. B.C. Patil 3. Arbail Shivaram Hebbar 4. S.T. Somashekhar 5. B.A. Basvaraja 6. Munirathna INC 1. Maski 2. Hirekerur 3. Yellapur 4. Yeshvanthapura 5. KR Pura 6. RR Nagar 1000/2019 Dr. K. Sudhakar INC Chikkaballapur 1001/2019 Anand Singh INC Vijayanagara 1003/2019 R. Shankar KPJP Independent Ranebennur 1005/2019 1. A.H. Vishwanath 2. K. Gopalaiah 3. K.C. Narayanagowda JD(S) 1. Hunsur 2. Mahalakshmi Layout 3. Krishanarajapet 1006/2019 Roshan Baig INC Shivajinagar 1007/2019 N. Nagaraju MTB INC Hosakote 6. Though the BJP was the single largest party, its atte mpt to form the Government was not successful. A coalition government o f INC and JD(S) was formed under the leadership of Mr. Kumaraswamy (one of the Respondents herein). This Government had a short life of about 14 months. The events leading up to the resignation of the Chief Minister, on losing the trust vote on 23.07.2019, after several days delay, form the backdrop to the case of the present Petitioners. 7. On 11.02.2019 Disqualification Petition No. 1 of 2019 was instituted against Ramesh L. Jarkhiholi, Mahesh Iranagaud Kumathalli, Umesh G. Jadhav and B. Nagendra. The main allegations against the aforesaid persons were that they did not participate in the me etings of the party and the proceedings of the Assembly sessio n held from 06.02.2019 onwards, and the conduct of all the aforesaid members’ was in violation of the whip issued by the INC in this regard . Thereafter, Petitioners in Writ Petition (C) No. 997 of 2019, Ramesh L. Jarkhiholi and Mahesh Iranagaud Kumathalli, are said to have submitted t heir resignations to the Speaker on 06.07.2019. 911 8. Other Petitioners, including, Dr. K. Sudhakar, Pratap Gouda Patil, B. C. Patil, Arbail Shivaram Hebbar, S. T. Somas hekar, B.A. Basvaraja, Munirathna, A.H. Vishwanath, K. Gopalaia h, K.C. Narayanagowda, Anand Singh, N. Nagaraju MTB and Roshan Baig submitted their resignations from the membership of the House between 01.07.2019 to 11.07.2019. 9. However, the Speaker did not take any call on the resignation of the above persons. Aggrieved by the fact that their resignations were not accepted, and with the impending trust vote being inevitable, most of the above persons approached this Court by way of a Writ Petition, being Writ Petition (C) No. 872 of 2019. This Court, on 11.07.2019, in the aforesaid Writ Petition directed the Speaker to take a decision qua the resignations forthwith, and further directed the same to be laid before this Court. The relevant extract of the said order is as under: - “....Having regard to the facts of the case, we per mit the petitioners, ten in number, to appear before the Hon’ble Speaker of the Karnataka Legislative Assembly at 6.00 p.m. today . We request the Hon’ble Speaker to grant an audience to t he ten petitioners at the said time. The petitioners, if they so wish and are so inclined, shall intimate the Hon’ble Speaker of the Assembly their decision to resign, in which event, the Hon’ble Speaker shall take a decision forthwith and, in any case, in the course of the remaining part of the day. Such decision of the Hon’ble Speaker as may be taken in terms of the present order, be laid before the Court tomorrow (12.07.2019)...” 10. Meanwhile, on 11.07.2019, members of the INC withdrew their disqualification complaint against B. Nagendra in Disqualification Petition No.1 of 2019. The Speaker, it appears, did not take any decision on the resignation in spite of the order of this Court. Simultaneously, a whip was issued by the INC and the JD(S) on 12.07.2019 calling upon their members to attend proceedings, and cautioning the members of disqualification if they failed to attend the same. Further, Disqualification Petition Nos. 3, 4 and 5 were filed against Dr. K. Sudhakar, Prata p Gouda Patil, B. C. Patil, Arbail Shivaram Hebbar, S. T. Somashekhar, B.A. Basvaraja, Munirathna, A.H. Vishwanath, K. Gopalaiah, K .C. Narayanagowda, Anand Singh, N. Nagaraju MTB and Roshan Baig between 10.07.2019 to 12.07.2019. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 11. Subsequently, when the aforesaid Writ Petition came up for hearing on 12.07.2019, this Court passed the order as under: “Having regard to the weighty issues that have arisen and the incomplete state of facts, as indicated above, we are of the view that the matter should be considered by the Court further on 16th July, 2019. In the meantime, the status quo as on today, with regar d to the ten petitioners, be maintained, namely, that neit her the issue of resignation nor the issue of disqualificati on will be decided by the Hon’ble Speaker . This order has been passed by this Court only to enable the Court to decide the larger constitutional questions arising as indicate d above.” (emphasis supplied) 12.Further, this Court on 17.07.2019, passed the following order: “The issue arising in the case is whether resignations submitt ed by Members of the Legislative Assembly at a point of time earlier than petitions for their disqualification under the Tenth Schedule of the Constitution should have priority in the decision maki ng process or whether both sets of proceedings should be taken up simultaneously or the disqualification proceedings should have precedence over the request(s) for resignation. Arguments have been advanced by the learned counsels for the parties on the touchstone of Articles 164, 190, 191, 212 and 361B and the Tenth Schedule of the Constitution. We have considered the same. Constitutional principles should not rece ive an exhaustive enumeration by the Court unless such an exercise is inevitable and unavoidable to resolve the issues that may have arisen in any judicial proceeding. In the present case, having regard to the stage at which the above issues are poised in the light of the facts and circumstances surrounding the same, we are of the view that the afor esaid questions should receive an answer only at a later stage of the proceedings. The imperative necessity, at this stage, is to maintain the constitutional balance and the conflicting a nd competing rights that have been canvassed before us. Such an interim exercise has become prudent in view of cert ain 913 time frame exercise(s) that is in the offing in the Karnataka Legislative Assembly, particularly, the no trust motion against the present Government, which we are told is due for being taken up on 18th July, 2019. In th ese circumstances, the competing claims have to be balance d by an appropriate interim order, which according to us, should be to permit the Hon’ble Speaker of the House to decide on the request for resignations by the 15 Members of the House within such time frame as the Hon’ble Speaker may consider appropriate. We also take the view that in the present case the discretion of the Hon’ble Speaker while deciding the above issue should not be fetter ed by any direction or observation of this Court and the Hon’ble Speaker should be left free to decide the issue in accordance with Article 190 read with Rule 202 of t he Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly framed in exercise of the powe rs under Article 208 of the Constitution. The order of the Hon’ble Speaker on the resignation issue, as and when passed, be placed before the Court. We also make it clear that until further orders the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an opt ion should be given to them that they can take part in the said proceedings or to opt to remain out of the same. We order accordingly.” (emphasis supplied ) 13. Disqualification Petition No. 7 of 2019 was filed against R. Shankar on 16.07.2019 and Disqualification Petition No. 8 of 2019 was filed against Shrimanth Balasaheb Patel on 20.07.2019. The Speaker thereupon issued emergent notices between 18.07.2019 to 20.07.2019 to all the Petitioners regarding the pending disqualification petitions to appear before him on the date of hearing fixed for 23.07. 2019 and 24.07.2019. The notices did not refer to the resignation letters w hich had been submitted by 15 Petitioners, who are parties to the Writ Petition (C) No. 872 of 2019 filed before this Court. The Petitioners have alleged that the period given in the aforesaid notices was too short an d in fact some of them had not even received notices within time to res pond. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 14.While the aforesaid disqualification petitions/resignation letters were pending, the INC on 20.07.2019 had again issued a whip requiring their members of the Legislative Assembly to attend the proceedings of the House on 22.07.2019. 15. The trust vote was finally taken up for consideration on 23.07.2019. The 17 Petitioners did not attend the House. As a result, the INC and JD(S) coalition Government, under the leadership of Mr. Kumaraswamy was in a minority, resulting in the resignati on of Mr. Kumaraswamy as Chief Minister. 16. Further, as detailed above, on 25.07.2019 and 28.07.2019, the Speaker passed the five impugned orders in Disqualifica tion Petition Nos. 1, 3, 4, 5, 7 and 8 of 2019. In these orders, the Speaker: a. Rejected the resignation of the members asserting that they were not voluntary or genuine b. Disqualified all the Petitioners, and c. Disqualified the Petitioners till the end of the 15 th Legislative Assembly term 17.Aggrieved, by the aforesaid disqualifications, all the Petitioners herein have approached this Court under Article 32 of the Constitution. B. CONTENTIONS LEARNED SENIOR COUNSEL MR. MUKUL ROHA TGI ON BEHALF OF PETITIONERS IN W.P . (C) NOS. 997, 998, 1006 AND 1007 OF 2019
Learned Senior Counsel Mr. Mukul Rohatgi, argued that the members of the house have an indefeasible right to resign but the speaker went beyond his constitutionally mandated duty and gave an opinion on the motive of the members and wrongfully rejected the resignations tendered by them. On the contrary, the speaker has to accept the resignation once it has been tendered in the correct format.
Explaining the connection between resignation and disqualification under the Tenth Schedule of the Constitution, Mr. Rohatgi stressed that once resignation was validly tendered, there was no question of the 915 Speaker exercising his jurisdiction to disqualify a member. Disqualification under the Tenth Schedule was only with respect to a person who was a member, and not otherwise.
The learned Senior Counsel challenging the legality of the disqualification order submitted that the same can be interfered with, if the Court finds that the order is perverse, results from non-application of mind, or is in violation of principles of natural justice. It was contended that in the present case, all three of the above infirmities are made out in the disqualification order of the Speaker.
The Speaker, in issuing “emergent” notice returnable in 3-4 days is in contravention of the requirement for 7 days’ notice under the Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986. This makes the order of the Speaker bad for non-compliance of the principles of natural justice, particularly when the Petitioners had only sought time of 4 weeks to produce documents.
Lastly, learned Senior Counsel vehemently submitted that even if disqualification is held to be valid in law , the same cannot take away the right of the Petitioners to contest in the upcoming elections, as there exists no bar on the right to contest elections under Tenth Schedule of the Constitution. LEARNED SENIOR COUNSEL CA SUNDARAM ON BEHALF OF PETITIONER IN W.P . (C) NO. 1000 OF 2019
The learned Senior Counsel submitted that the resignation tendered in the present case was resignation from the House and not from the party.
If resignation is tendered under Article 190, the Speaker’s role is limited to the extent of determining voluntariness and genuineness of the same. The inquiry of the Speaker as to the “voluntariness” is limited in its scope to the question of whether the member was coerced to resign or not. The enquiry as to SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] “genuineness” only related to whether the resignation letter was forged, or not actually made by the member. Additionally, when a member hands over the letter of resignation to the Speaker personally and informs the Speaker that the same is voluntary and genuine, then the Speaker has to accept the resignation immediately.
The learned Senior Counsel also submitted that the motive behind the resignation is immaterial, as the proviso to Article 190(3) of the Constitution restricts the scope of inquiry by the Speaker only to voluntariness and genuineness. LEARNED SENIOR COUNSEL V. GIRI ON BEHALF OF PETITIONER IN W.P .(C) NO. 1003 OF 2019
The learned Senior Counsel distinguished the case of the Petitioner on the basis that he had never tendered his resignation. In spite of that, a separate disqualification order was passed against him.
In the present case, the Petitioner belonged to KPJP. Although the party had decided to merge with the INC and had intimated the Speaker about the same, there was no formal order of merger. When the whip was issued by the INC, the Petitioner herein requested the Speaker to provide him with a separate seat with the opposition members. But the Speaker refused the same, recognizing the Petitioner to be affiliated with the INC.
The learned Senior Counsel for the Petitioner brought to the notice of the Court the letter of intimation issued by the Executive Committee of his party directing him to stay on the side of the opposition. Therefore, without any formal order of merger, the Petitioner was not bound by the whip issued by the INC. LEARNED SENIOR COUNSEL V. GIRI ON BEHALF OF PETITIONER IN W.P . (C) NO. 992 OF 2019
The case of the Petitioner can be distinguished factually from the case of most of the other Petitioners as he had not tendered his resignation. When the whip was issued, 917 due to prevailing medical conditions, the Petitioner had to urgently travel to Mumbai, pursuant to which he failed to participate in the proceedings of the House.
Although these facts were intimated to the Speaker with supporting medical records, the Speaker passed the order of disqualification in haste without giving due notice to the Petitioner. The learned Senior Counsel submitted that such an ex parte order of disqualification, without considering relevant material on record and placing reliance upon extraneous circumstances, is untenable. LEARNED SENIOR COUNSEL A.K GANGUL Y ON BEHALF OF PETITIONERS IN W.P .(C) NO. 1005 OF 2019
This Court, vide its order dated 17.07.2019 in Writ Petition (C) No. 872 of 2019, granted liberty to the Petitioners herein to either participate or opt out of the proceedings of the ongoing session of the House. But the aforesaid order was ignored by the political party of the Petitioners herein by issuing the whip, and by the Speaker in relying upon the same to disqualify the Petitioners.
The learned Senior Counsel also submitted that the sanctity of the Petitioners’ resignation should be protected. The order of disqualification rendered by the Speaker is mala fide and is not supported by any cogent reasons. Learned Senior Counsel K.V. Vishwanathan on behalf o f Petitioners in W.P. (C) No. 997 of 2019
The learned senior counsel submitted that on 11.02.2019, a disqualification petition was filed against 4 MLAs including Dr. Umesh Yadav and the Petitioners herein. Subsequently, during the pendency of the said disqualification petition, Dr. Umesh Yadav submitted his resignation which was accepted by the Speaker. However, the Speaker, acting in a mala fide manner, kept the resignation letter submitted by the Petitione rs herein pending until the disqualification petition was decided. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.]
Despite the orders of this Court directing the Speaker to decide the resignation, the Speaker kept the matter pending till the decision on the disqualification petition. The learned Senior Counsel further contended that the Speaker wrongly took into consideration actions pursuant to the orders of this Court dated 17.07.2019, wherein the Petitioners were granted the liberty not to participate in the ongoing proceedings of the house. LEARNED SENIOR COUNSEL SAJAN POOV AYY A ON BEHALF OF PETITIONER IN W.P . (C) NO. 1001 OF 2019
The Petitioner was a member of the INC who had resigned on 01.07.2019 in protest against certain land dealing in his Constituency. However, he was put in the same group as the other disqualified Petitioners by the Speaker. The learned Senior Counsel contends that omnibus statements and allegations have been rendered in the disqualification order and the same was passed without taking into consideration the documents submitted by the Petitioner herein.
The learned Senior Counsel reiterated the earlier contention that the actions of the Petitioner stood protected by virtue of the interim order dated 17.07.2019 passed by a Co-ordinate Bench of this Court in Writ Petition (C) No. 872 of 2019. LEARNED SOLICIT OR GENERAL TUSHAR MEHT A ON BEHALF OF THE SPEAKER:
The learned Solicitor General submitted that members of the House have the right to resign.
The learned Solicitor General submitted that this was a fit case for the matter to be remanded to the Speaker for fresh hearing. LEARNED SENIOR COUNSEL KAPIL SIBAL ON BEHALF OF RESPONDENT NOS. 2 AND 3 IN W.P . (C) NOS. 992, 997, 998, 1000, 1001, 1003, 1006 AND 1007 OF 2019 919
The learned Senior Counsel firstly stated that the impugned orders of disqualification can only be challenged under Article 226 and not under Article 32 of the Constitution, as these are matters involving merely statutory rights. There is no alleged violation of fundamental rights which mandates the invocation of jurisdiction under Article 32 of the Constitution. Further, the Speaker is a quasi-judicial authority, the remedy against whose order lies only under Article 226 of the Constitution.
The learned Senior Counsel emphasized upon the conduct of the Petitioners to prove that their resignations were motivated. The counsel urged this Court to take a note of the conduct of the members both prior and subsequent to the act of resignation to comprehend the motive behind such resignation. He stated that motive has to be decided to determine the “genuineness” and “voluntariness” of the resignation, as it is the motive which acts as an umbilical cord between the issues of genuineness and voluntariness. In light of the same, learned Senior Counsel pointed out that the Petitioners, after tendering their resignation, never went to the Speaker; rather they approached the Governor and the Supreme Court. It ought to be noted that the letters of resignation were tendered collectively.
The power vested in the Speaker is a judicial exercise of power. The Court’s discretion in this arena is quite limited. Moreover, the Speaker, being the master of the House, can impose any restriction pursuant to the act of disqualification. It ought to be noted that the acts of disqualification took place within the House and therefore it is well within the inherent powers of the Speaker to impose any sanction consequent to the act of defection. Without such power of sanction, the position of the Speaker is equivalent to that of a toothless tiger.
Additionally, it was submitted that although the Petitioners have repeatedly contended that the rules of SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] natural justice have been violated, it ought to be noted that rules of natural justice cannot be put in a straitjacket. Although, these principles are immutable, yet they are flexible, and are not confined to technical limits. The Petitioners herein have to show some real injury or patent perversity in the order of the Speaker.
Moreover, when the whip was issued with respect to a motion of confidence, the members are duty bound to accept the same. The Petitioners, by violating the whip, have voluntarily given up membership of the party. Even assuming that the liberty granted by this Court in the earlier writ proceedings was correct, with respect to non-compulsion of the members for attending the Assembly, there was legal necessity to attend the Assembly at such a determinative point. The learned Senior Counsel made a distinction between ordinary whips and those which are more essential, which were necessary for the survival of the Government- such as those pertaining to a trust vote, a no-confidence motion, or even a whip relating to the budget. He submitted that such a whip must be followed per se , and that a member could not refuse to appear/vote with respect to the same.
The learned Senior Counsel proceeded to distinguish between consequences of resignation with that of disqualification. He stated that sole purpose of the Tenth Schedule is to check bulk defections. In light of the same, the Petitioners cannot be allowed to contest the by-elections, as allowing them to contest dilutes the effect of disqualification. There is a clear bar fo r acceptance of the nomination of disqualified candidates under Section 36 of The Representation of the People Act, 1951. Therefore, the disqualified members should not be allowed to contest fresh elections.
The learned Senior Counsel also contended that the Speaker has the power to disqualify under the Tenth Schedule, which also includes the power of the Speaker to command that the member disqualified would not be 921 eligible to stand for re-election, on the seat falling vacant, till the end of the term of the House.
However, since the matter involves important questions in relation to the power of the Speaker to decide the parallel proceedings of resignation and disqualification, the power of the Speaker to conduct inquiry as to the “voluntariness” and “genuineness”, the interpretation of the terms “voluntary” and “genuine”, the relevant material to be considered during an inquiry under Article 190(3) of the Constitution, the relevant period of inquiry, etc ., the same is required to be considered by a Constitution Bench. LEARNED SENIOR COUNSEL DR. RAJEEV DHA VAN ON BEHALF OF RESPONDENT NO. 2 IN W.P (C) NO. 1005 OF 2019
The learned Senior Counsel defended the order of disqualification by stating that the Speaker exercises wide range of power while acting in an adjudicatory capacity and the same should not be reduced to a mechanical exercise. Therefore, while deciding the issues regarding “genuineness” and “voluntariness” behind the act of resignation, the Speaker can look to the series of events leading to the resignation so as to decide the motive. Pursuant to the above submission, the counsel stated that taking into totality of facts into consideration there exist no ground to claim that the order of the Speaker suffers from perversity or that the sam e was passed mala fide .
The learned Senior Counsel also submitted that there exists no indefeasible right of resignation as thes e Petitioners are acting in their constitutional capacity as members of the Legislative Assembly. Moreover, the resignations rendered in the present case cannot be qualified as resignation simpliciter , rather they indicate resignation for the cause of defection and in such a situation, the Speaker could not have turned a blind eye to the activities of the Petitioners. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] LEARNED SENIOR COUNSEL DEV ADUTT KAMA T ON BEHALF OF RESPONDENT NOS. 2 AND 3 IN W.P . (C) NOS. 992, 997, 998, 1000, 1001, 1003, 1006 AND 1007 OF 2019
The learned Senior Counsel reiterated the views expressed above by the other learned Senior Counsel and defended the orders of the Speaker stating that he had duly complied with the orders of this Court by deciding the resignations submitted by the Petitioners under Article 190 of the Constitution. The learned Senior Counsel submitted that the orders dated 11.07.2019 and 17.07.2019 passed by a Co-ordinate Bench of this Court in Writ Petition (C) No.872 of 2019 only requested the Speaker to take a decision on the resignations as per his discretion and within such time frame as he may consider appropriate. Acceptance or rejection of the resignations is dependent on the condition that the same are voluntary and genuine.
Further, the disqualification orders passed by the Speaker were based on a totality of circumstances prevailing in which the conduct of the Petitioners was questionable. The absence of the Petitioners from the proceedings of the House, when the trust motion of their Government was being discussed, clearly shows their intention to act against the party interest. The disqualification orders were based on cumulative facts including the absence of the Petitioners despite repeated notices to remain present, and their actions and conduct in colluding with the BJP to engineer the fall of the coalition government. LEARNED SENIOR COUNSEL K. SHASHIKIRAN SHETTY ON BEHALF OF RESPONDENT NOS. 2 AND 3 IN W.P . (C) NOS. 992, 997, 998, 1000, 1001, 1003, 1006 AND 1007 OF 2019
Learned senior advocate supported the arguments advanced by the learned senior advocate, Mr. Kapil Sibal, and stated that the disqualification order could not be reviewed by this Court. 923
Further, the Tenth Schedule is clear on the aspect of merger, wherein he pointed out that there is no need to communicate the factum of merger to R. Shankar [Petitioner in Writ Petition (C) No. 1003 of 2019]. LEARNED SENIOR COUNSEL RAKESH DWIVEDI ON BEHALF OF ELECTION COMMISSION OF INDIA
The learned Senior Counsel submitted that it has been a matter of consistent practice that members disqualified under the Tenth Schedule can participate in the next elections. Any bar for a particular period is not anticipated by law with respect to disqualification under the Tenth Schedule.
He further stated that the power of the Speaker is only limited to the adjudication of the disqualification petition. Any consequential action which flows from such disqualification is beyond his jurisdiction. The Speaker cannot, at will, provide any particular term of disqualification. Disqualification, and the consequences thereof, being punitive, have to be sanctioned by law.
When a member gets disqualified under the Tenth Schedule, a consequential vacancy arises thereby. However, it is impermissible for the Speaker to decide as to who can contest for the said vacancy. C. ISSUES 18. In view of the arguments contended, following questions arise for our consideration herein: 1. Whether the Writ Petition challenging the order of the Speaker under Article 32 is maintainable? 2. Whether the order of the Speaker rejecting the resignation and disqualifying the Petitioners is in accordance with the Constitution? 3. Even if the Speaker’s order of disqualification is valid, does the Speaker have the power to disqualify the members for the rest of the term? 4. Whether the issues raised require a reference to the larger Bench? SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] D. MAINTAINABILITY OF THE WRIT PETITION 19. At the outset, it must be noted that learned Senior Counsel , Mr. Kapil Sibal has contended that this Court does not have the jurisdiction under Article 32 of the Constitution of India to deal with this matter. Further, learned Senior Counsel, Dr. Rajeev Dha van, has supported the aforesaid argument by stating that no fundamental r ight is violated, more so when the members of Parliament or L egislative Assembly cannot invoke the ‘right to freedom of trade and profession’ under Article 19 (1)(g) of the Constitution of India. 20. The contours of this Court’s writ jurisdiction has been long established in several decisions of this Court. Where the law p rovides for a hierarchy of appeals, the parties must exhaust the available remedies before resorting to writ jurisdiction of this Co urt [ See U.P. State Spinning Co. Ltd. v. R.S. Pandey, (2005) 8 SCC 264]. At the same time, this Court in a catena of decisions has held that this doctrine is not a rule of law, but essentially a rule of policy, c onvenience and discretion and thus not a compulsion and where there is failure of principles of natural justice or where the orders or proc eedings are wholly without jurisdiction warrants, this Court may exercise i ts writ jurisdiction even if the parties had other adequate legal remedies. [ State of Uttar Pradesh v. Mohammad Nooh , AIR 1958 SC 86; Harbanslal Sahnia v. Indian Oil Corporation Ltd. , (2003) 2 SCC 107] 21.The learned senior counsel on behalf of the Respondents have challenged the jurisdiction of this Court under Art icle 32 of the Constitution by placing reliance on the Kihoto Hollohan v. Zachillhu , 1992 Supp (2) SCC 651 , wherein this Court, while dealing with the scope of judicial review stated as under: “109. In the light of the decisions referred to above and the nature of function that is exercised by the Speaker/Chairman under Paragraph 6, the scope of judicial review under Articles 136, and 226 and 227 of the Constitution i n respect of an order passed by the Speaker /Chairman under Paragraph 6 would be confined to jurisdictional errors only viz., infirmities based on violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity.” (emphasis supplied ) 925 22.We may note that writ jurisdiction is one of the valuable rights provided under Article 32 of the Constitution, which in itself forms part of the basic structure of the Constitution. After the decision in the Kihoto Hollohan case (supra), the Speaker, while exercising the power to disqualify, is a Tribunal and the validity of the orders are a menable to judicial review. On a perusal of the judgment in the Kihoto Hollohan case (supra), we do not find any explicit or implicit bar to adjudicate the issue under the writ jurisdiction of this Court. 23. The Petitioners are alleging violation of principles of natural justice and their right to a fair hearing. Principles of natural justice and right to fair hearing can be traceable to right to equali ty and rule of law enshrined under Article 14 of the Constitution, read with other fundamental rights [ refer to Maneka Gandhi v. Union of India,(1978) 1 SCC 248]. 24. A seven Judge Bench of this Court in the case of Ujjam Bai v. State of Uttar Pradesh , AIR 1962 SC 1621 , held that writ jurisdiction under Article 32 of the Constitution i s available when principles of natural justice are violated. This view was af firmed by a nine Judge Bench of this Court in the case of Naresh Shridhar Mirajkar v. State of Maharashtra , AIR 1967 SC 1, in the following terms: “54. The scope of the jurisdiction of this Court in dealing wi th writ petitions under Article 32 was examined by a Special Bench of this Court in Ujjam Bai v. State of Uttar Pradesh [(1963) 1 SCR 778]. This decision would show that it was common ground before the court that in three classes of cases a quest ion of the enforcement of the fundamental rights may arise; and if i t does arise, an application under Article 32 will lie. These cas es are: (1) where action is taken under a statute which is ultra vires the Constitution; ( 2) where the statute is intra vires but the action taken is without jurisdiction; and ( 3) where the action taken is procedurally ultra vires as where a quasi-judici al authority under an obligation to act judicially passes an order in violation of the principles of natural justice. ” (emphasis supplied ) 25. In the context of disqualification orders, this Court has exercised its writ jurisdiction under Article 32. A three Judge Bench of SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] this Court in Jagjit Singh v. State of Haryana , (2006) 11 SCC 1, has explicitly held that a challenge to an order of disqualification under the Tenth Schedule is available under the writ jurisdiction of this Court. This Court held as under: “11. The Speaker, while exercising power to disqualify Members, acts as a Tribunal and though validity of the orders thus passed can be questioned in the writ jurisdiction of this Court or High Courts, the scope of judicial review is limited as laid down by the Constitution Bench in Kihoto Hollohan v. Zachillhu [1992 Supp (2) SCC 651]. The orders can be challenged on the ground of ultra vires or mala fides or having been made in colourable exercise of power based on extraneous and irrelevant considerations. The order would be a nullity if rules of natural justice are violated.” (emphasis supplied ) 26. Reliance can be placed on the constitutional provisions and debates thereupon which show that this Court can inquire into the legitimacy of the exercise of the power. Dr. B.R. A mbedkar has described Article 32 as the very soul of the Constitution - very heart of it - most important Article. Moreover, the jurisdiction conferred on this Court by Article 32 is an important and integral part of the basic structure of the Constitution of India and no act of Pa rliament can abrogate it or take it away except by way of impermissi ble erosion of fundamental principles of the constitutional scheme are settled propositions of Indian jurisprudence. 27. This Court, as the highest Constitutional Court, has to, and has always, functioned in accordance with the applicable judicially determined parameters while performing its constituti onal duty to judicially review the acts of constitutional functionaries. It has examined questions of both fact and law, so long as it has been vested wi th the power to do so. The scrupulous discharge of duties by all guardians of the Constitution include the duty not to transgress the limitations of their own constitutionally circumscribed powers by trespassing into what is properly the domain of other constitutional organs. 28. In any case, we note that by challenging the order directl y under Article 32, the Petitioners have leapfrogged the judicial hierarchy as envisaged under the Constitution [ refer to Tamil Nadu Pollution 927 Control Board v. Sterlite Industries (I) Ltd., 2019 SCC Online SC 221]. 29. We do not appreciate the manner in which the petitioners have knocked on the doors of this Court. Among other reasons, we proceeded to hear the present matter due to the peculiar facts presented before us, wherein certain interim orders were passed herein by another Co-ordinate Bench of this Court in Writ Petition (C) No. 872 o f 2019 filed by some of the present petitioners. We had heard the matter at some length on 25.09.2019 and 26.09.2019, when with the consent of the counsel of all the parties, the matter was fixed for final hearing. Since a substantial amount of time has passed in the meanwhi le, and to ensure that the same exercise need not be repeated befor e the High Court, we are left with no option but to hear these cases on merits. 30. Despite the fact that this Court has sufficient jurisdic tion to deal with disqualification cases under the writ jurisdict ion, a party challenging a disqualification order is required to first approach the High Court as it would be appropriate, effective and expeditious remedy to deal with such issues. This Court would have the benefit of a considered judicial verdict from the High Court. If the parties are still aggrieved, then they may approach this Court. 31. Having ascertained that this Court has the jurisdiction to deal with the subject matter of the present petitions, the question concerning the extent of judicial review can be taken up later, when we analyze and discuss the aspects concerning the validity of the orders passed by the Speaker, disqualifying the Petitioners and r ejecting their resignations. E. REJECTION OF RESIGNATIONS 32. In the present case, 15 of the 17 Petitioners had tende red their resignation from the House before the disqualification petitions were adjudicated. The Speaker vide orders dated 28.07.2019 in Disqualification Petition Nos. 3 and 4 of 2019 and Disqualificati on Petition No. 5 of 2019, and order dated 25.07.2019 in Disqualification Petition No. 1 of 2019, rejected the resignation of the Petitioners therein, holding that they were not voluntary and genuine. 33. Mr. Kapil Sibal, learned Senior Counsel, has contended that rejection of the resignation by the Speaker was appropriate as the same was given only to frustrate the object of disqualif ication. He has SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] submitted that the consideration before the Court is limited considering the fact that the bonafides and motive of the Petitioners to resign was appropriately dealt under Article 190(3)(b) of the Constitution. On the other hand, the Petitioners have strenuously contended that the inquiry required under Article 190(3)(b) of the Constitutio n is limited to “voluntariness” and “genuineness”, and not the motive or the reason for resignation. 34. The first question we need to consider concerns the scope of judicial review with respect to acceptance/rejection of the resignation by the Speaker. The Respondents have contended on this count that the Court cannot go into this aspect as the acceptance /rejection of resignation is based on the subjective satisfaction of the Speaker, which is immune from judicial review. 35. We are unable to agree with this contention. It is true that 33 rd Constitutional Amendment changed the constitutional position by conferring discretion on the Speaker to reject the resignation. However, such discretion is not unqualified, as the resignation can only be rejected if the Speaker is “satisfied that such resignation is not v oluntary or genuine”. Determination of whether the resignations were “voluntary” or “genuine” cannot be based on the ipse dixit of the Speaker, instead it has to be based on his “satisfaction”. Even though the satisfaction is subjective, it has to be based on objective materia l showing that resignation is not voluntary or genuine. When a member tenders his resignation in writing, the Speaker must immediately conduct an inquiry to ascertain if the member intends to relinquish his members hip. The inquiry must be in accordance with the provisions of the Constitut ion and the applicable rules of the House. This satisfaction of the Spe aker is subject to judicial review. 36. The next logical question which arises for considerat ion concerns the ambit of the terms “voluntary” and “genuine” in Ar ticle 190(3)(b) of the Constitution. Prior to the 33 rd Constitutional Amendment, Article 190(3)(b) read as follows: “(3) If a member of a House of the Legislature of a State — (a) ….. (b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be.” 929 37. The 33 rd Constitutional Amendment amended Article 190(3)(b) of the Constitution and added a proviso. The revised cl ause reads as follows: “(3) If a member of a House of the Legislature of a St ate— (a) ….. (b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and aft er making such inquiry as he thinks fit, the Speaker o r the Chairman, as the case may be, is satisfied that such resigna tion is not voluntary or genuine, he shall not accept such resignation.” 38. Thus, prior to the 33 rd Constitutional Amendment, there was no provision in the Article which required the resignation to be accepted by the Speaker to become effective. Originally, the position was that a member of a Legislative Assembly could resign from o ffice by a unilateral act, and the acceptance of resignation was not required. [refer to Union of India v. Gopal Chandra Misra, (1978) 2 SCC 301; Moti Ram v. Param Dev , (1993) 2 SCC 725] 39. First, as a starting principle, it has to be accepted that a member of the Legislature has a right to resign. No thing in the Constitution, or any statute, prevents him from resigning. A mem ber may choose to resign for a variety of reasons and his reason s may be good or bad, but it is his sole prerogative to resign. An elected member cannot be compelled to continue his office if he chooses to resign. The 33 rd Constitutional Amendment does not change this position. On t he contrary, it ensures that his resignation is on account of his free will. 40. Second , the 33 rd Constitutional Amendment requires acceptance of resignation by the Speaker. Thus, merely addr essing a resignation letter to the Speaker would not lead to the seat automatically falling vacant. The Speaker has to accept such resignation for the seat to become vacant. However, as discussed above, the Speak er has limited discretion for rejecting the resignation. If the re signation is SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] voluntary or genuine, the Speaker has to accept the resi gnation and communicate the same. 41. Third , the Speaker can reject the resignation, if the Speaker is satisfied that resignation was “not voluntary or genuine”. Herein, our attention is drawn to the Chapter 22, Rule 202 (2) of the R ules of Procedure and Conduct of Business in Karnataka Legislative Assembly, which is extracted as under: “(2) If a member hands over the letter of resignation to the Speaker personally and informs him that the resigna tion is voluntary and genuine and the Speaker has no information or knowledge to the contrary, and if he is satisfied, the Speaker may accept resignation immediately. ” (emphasis supplied ) The rule states that the Speaker has to take a call on the resignation letter addressed to him immediately, having been satisfied of the voluntariness and genuineness. Reading the rule in consona nce with Article 190(3)(b) of the Constitution and its proviso, it is clear that the Speaker’s satisfaction should be based on the information received and after making such inquiry as he thinks fit. The aforesai d aspects do not require roving inquiry and with the experience of a Speaker, who is the head of the House, he is expected to conduct such inquiry as is necessary and pass an order. If a member appears before him and gives a letter in writing, an inquiry may be a limited inquiry. But if he receives information that a member tendered his resignation under coercion, he may choose to commence a formal inquiry to ascertain if the resignation was voluntary and genuine. 42. Fourth , although the word “genuine” has not been defined, in this context, it would simply mean that a writing by which a member chooses to resign is by the member himself and is not for ged by any third party. The word “genuine” only relates to the authentic ity of the letter of resignation. 43. Similarly, the word “voluntary” has not been defined. In this context, it would mean the resignation should not be based on t hreat, force or coercion. This is evident from the Statement of Objec ts and Reasons of the 33 rd Constitutional Amendment which is extracted below: 931 1. Articles 101 (3) (b), and 190 (3) (b) of the Constitution permit a member of either House of Parliament or a member of a House of the Legislature of a State to resign his seat by wri ting under his hand addressed to the Speaker or the Chairman, as the case may be. In the recent past, there have been instances where coercive measures have been resorted to for compelling members of’ a Legislative Assembly to resign their membership, if this is not checked, it might be come difficult for Legislatures to function in accordance wi th the provisions of the Constitution . It is therefore, proposed to amend the above two articles to impose a requirement as to acceptance of the resignation by the Speaker or the Chairm an and to provide that the resignation shall not be accepte d by the Speaker or the Chairman if he is satisfied after making such inquiry as he thinks fit that the resignation is not voluntary or genuine. (emphasis supplied ) The Speaker therefore has a duty to reject the resignation if such resignation is based on coercion, threat or force. 44. Learned Senior Counsel, Mr. Kapil Sibal, has contended that a Speaker, as a part of his inquiry, can also go into the mot ive of the member and reject his resignation if it was done under political pressure. We are unable to accept this contention. The language of Article 190(3)(b) of the Constitution does not permit the Speaker to inquire into the motive of the resignation. When a member is resigning on political pressure, he is still voluntarily doing so. Once the member te nders his resignation it would be “voluntary” and if the writing can be attributed to him, it would be “genuine”. Our view is also supp orted by the debates on the 33 rd Constitutional Amendment. It may be necessary to quote the debate dated 03.05.1974 on the 33 rd Constitutional Amendment, which is extracted below: H.R. Gokhale: I do not want to reply elaborately to all the points because I know I will have to deal with these points when t he Bill comes up for consideration. In a way, I am thankful to the Hon. Members. They have given me notice of what they are going to say. I will deal with some points raised. Sir, the idea that the Bill prevents any member from resigning is abs olutely wrong. On the contrary, the basis on which the Bill proceeds is, SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] the right of resignation is protected and the idea of acceptan ce of a resignation is also subject to a proviso that the acceptance is in the normal course and the resignation can take place onl y in the event of a conclusion being reached that either it is not genuine or it is not voluntary. Therefore, to proceed on the basis that the right of a Member to resign is taken away, is e ntirely wrong. This can be seen if the bill is properly studied. The other thing they said was, in the name of democracy, how do you prevent people from resigning. Nobody is prevented from resigning. On the contrary, the basic idea is, the ordinary ri ght of a person to say ‘I do not want to continue to be a Member of the House’ is maintained. But, is it a democratic way, when a Member does not want to resign, people pressurise hi m to resign- not political pressure but by threats of violen ce- as had occurred in the recent past. The person has no option but to resign. The Speaker has no option but to accept the resignation in the present set-up. This is a matter which was true in Gujarat. It may be true elsewhere. It was true in Gujarat. It had happened. A large number of people, about 200- 300 people, went and indulged in acts of violence, held out threats and under duress, signatures were obtained. In some cases, Members were carried physically from their constituencies to the Speaker for giving resignations. (emphasis supplied ) In this regard, there is no doubt that the Petition ers have categorically stated and have re-affirmed before the Spea ker and this Court, in unequivocal terms, that they have voluntarily and genuinely resigned their membership of the House. This Court, in the earlier Writ Petition, being Writ Petition (C) No. 872 of 2019, had also directed the Speaker to look into the resignation of the members, but the same was kept pending. 45. In view of our above discussion we hold that the Speaker can reject a resignation only if the inquiry demonstrates that it is not “voluntary” or “genuine”. The inquiry should be limited to ascertaining if the member intends to relinquish his membership out of his free will. Once it is demonstrated that a member is willing to resign out of his free will, the Speaker has no option but to accept the re signation. It is constitutionally impermissible for the Speaker to take into account any 933 other extraneous factors while considering the resi gnation. The satisfaction of the Speaker is subject to judicial rev iew. 46. We are of the opinion that the aforesaid observations clarify the scope of the Speaker’s duty under Article 190(3 )(b) of the Constitution, and answer the contention raised by the learned senior counsel regarding the same. However, since we are d eciding the question of disqualification, it might not be necessary to m ake any observations on the merits of the petitioners’ plea rega rding the non- acceptance of their resignation letters, in view of our subsequent findings on disqualification. F. DISQUALIFICATION PROCEEDINGS AFTER RESIGNATION 47. It was also contended by the Petitioners that the Sp eaker did not have the jurisdiction to deal with disqualification petit ions, as the Petitioners having resigned were no longer members who could have been disqualified. This issue does not apply to the Petitione rs in Writ Petition (C) No. 992 of 2019 and Writ Petition (C) No. 1003 of 2019 as they did not tender their resignation. 48. Before we proceed to record our reasons, it is pertinent to reflect upon the statement of objects and reasons to the Cons titution (Fifty-second Amendment) Act, 1985 which states that the is sue of defection has preoccupied the national conscience from the 1960s. The importance of the same stems from the fact that it has the potential to cause extensive damage to the democracy. In this re gard, having experienced earlier Governments falling due to such p ractice, the legislature introduced the bill inserting the Tenth Schedule for discouraging such practice. “The evil of political defections has been a matter of national concern . If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament th at the government intended to introduce in the current sess ion of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance.” (emphasis supplied ) SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 49. This court in the Kihoto Hollohan case ( supra ) has clearly enunciated the purpose behind the introduction of the Tenth Schedule, wherein it is stated that “ the main purpose underlying the constitutional amendment and introduction of the Te nth Schedule is to curb the evil of defection which was causing immen se mischief in our body politic .” The relevant extracts are presented below: “9. This brings to the fore the object underlying the provisions in the Tenth Schedule. The object is to curb the evil of political defections motivated by lure of office or other sim ilar considerations which endanger the foundations of ou r democracy. The remedy proposed is to disqualify the Member of either House of Parliament or of the Stat e Legislature who is found to have defected from continuing as a Member of the House. The grounds of disqualification are specified in Paragraph 2 of the Tenth Schedule.” (emphasis supplied ) 50.Therefore, it can be clearly concluded that the Tenth Schedule was brought in to cure the evil of defection recognising the significant impact it has on the health of our democracy. The 91 st Constitutional Amendment also strengthens the aforesaid view that the la w needed further strengthening in order to curb the evil of defection. The aforesaid amendment introduced Articles 75(1B), 164(1B) and 36 1B in the Constitution. These provisions bar any person who is disqualified under the Tenth Schedule from being appointed as a Minister or from holding any remunerative political post from the date of disqualification till the date on which the term of his office would expire or if he is re-elected to the legislature, whichever is earlier. 51.The intent of the amendment is crystal clear. The constitutional amendment sought to create additional consequences resultant from the determination that a person was disqualified under the Tenth Schedule. If we hold that the disqualification proceedings wo uld become infructuous upon tendering resignation, any member who is on the verge of being disqualified would immediately resign and would escape from the sanctions provided under Articles 75(1B), 164(1B) and 361B. Such an interpretation would therefore not only be against the intent behind the introduction of the Tenth Schedule, but also defeat the spirit of the 91 st Constitutional Amendment. 935 52. A five Judge Bench of this Court, in the case of Delhi Transport Corporation v. D.T.C. Mazdoor Congress , 1991 Supp (1) SCC 600 ruled that an inhibition under the Constitu tion must be interpreted so as to give a wider interpretation to cure the existing evils. The relevant extract has been provided below: 118. Legislation, both statutory and constitutional, is enacted, it is true, from experience of evils. But it s general language should not, therefore, necessarily be confined to the form that that evil had taken. Time works change s, brings into existence new conditions and purposes and new awareness of limitations. Therefore, a principle to be valid must be capable of wider application than the misch ief which gave it birth . This is particularly true of the constitutional constructions. Constitutions are not ephemeral enac tments designed to meet passing occasions. These are, to use the words of Chief Justice Marshall, “designed to approach immortality as nearly as human institutions can approach it ….”. I n the application of a constitutional limitation or inhib ition, our interpretation cannot be only of ‘what has been’ but of ‘what may be’. See the observations of this Court in Sunil Batra v. Delhi Administration [(1978) 4 SCC 494: 1979 SCC (Cri) 155]. (emphasis supplied ) 53. In the case of State (NCT of Delhi) v. Union of India , (2018) 8 SCC 501, a five Judge Bench of this Court articulated the principles of constitutional interpretation, stating that Courts are obligated to take an interpretation which glorifies the democratic sprit of the Constitution: 284.1. While interpreting the provisions of the Constitution, the safe and most sound approach for the constitutional courts to adopt is to read the words of the Constitution in the light of the spirit of the Constitution so that the quintess ential democratic nature of our Constitution and the paradigm of representative participation by way of citizenry engagement are not annihilated. The courts must adopt such an interpretation which glorifies the democratic spirit of the Constitution. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 284.5. The Constitution being the supreme instrument envisages the concept of constitutional governance which has, as its t win limbs, the principles of fiduciary nature of public power and the system of checks and balances. Constitutional governance, in turn, gives birth to the requisite constitutiona l trust which must be exhibited by all constitutional functio naries while performing their official duties . (emphasis supplied ) 54. In addition to the above, the decision of the Speaker tha t a member is disqualified, relates back to the date of the disqualifying action complained of. The power of the Speaker to decide u pon a disqualification petition was dealt by a Constitution Bench of this Court in Rajendra Singh Rana v. Swami Prasad Maurya, (2007) 4 SCC 270. This Court, reading the provisions of paragraphs 2 and 6 of the Tenth Schedule, has clearly held that the Speaker has to decide the question of disqualification with reference to the date it was incurred. The Court held that: “34. As we see it, the act of disqualification occurs on a member voluntarily giving up his membership of a political party or at the point of defiance of the whip issued to him. Therefore, the act that constitutes disqualification in terms of para 2 of the Te nth Schedule is the act of giving up or defiance of the whip. The fact that a decision in that regard may be taken in the ca se of voluntary giving up, by the Speaker at a subsequ ent point of time cannot and does not postpone the incurri ng of disqualification by the act of the legislator . Similarly, the fact that the party could condone the defiance of a whip within 15 days or that the Speaker takes the decision only thereafter in those cases, cannot also pitch the time of disqualific ation as anything other than the point at which the whip is defied. Therefore in the background of the object sought to be achieved by the Fifty-second Amendment of the Constitution and on a true understanding of para 2 of the Tenth Schedule, with reference to the other paragraphs of the Tenth Schedule, the position that emerges is that the Speaker has to decide the quest ion of disqualification with reference to the date on which the member voluntarily gives up his membership or defies the whip. It is really a decision ex post facto ...” (emphasis supplied ) 937 55. As such, there is no doubt that the disqualification relates to the date when such act of defection takes place. The tendering of resignation does not have a bearing on the jurisdiction of the S peaker in this regard. At this point we may allude to the case of D. Sanjeevayya v. Election Tribunal, Andhra Pradesh , AIR 1967 SC 1211, wherein this Court has held that: “5.It is, therefore, not permissible, in the present case, to interpret Section 150 of the Act in isolation without reference to P art III of the Act which prescribes the machinery for calling in question the election of a returned candidate. When an election petition has been referred to a Tribunal by the Election Commission and the former is seized of the matter, the petition has to be disposed of according to law. The Tribunal has to adjudge at the conclusion of the proceeding whether the returned candidate has or has not committed any corrupt practice at the election and secondly, it has to decide whether the second respondent should or should not be declared to have been duly elected. A returned candidate cannot get rid of an election petition filed against him by resigning his seat in the Legislature, whatever the reason for his resignation may be…” Therefore, the aforesaid principle may be adopted accordingl y, wherein the taint of disqualification does not vaporise, on resignation, provided the defection has happened prior to the date of resi gnation. 56. In light of the above, resignation and disqualification are distinct mechanisms provided under the law which result in vaca ncy. Further, the factum/manner of resignation may be a relevant consideration while deciding the disqualification petition. We do not agree with the submission of the Petitioners that the dis qualification proceedings cannot be continued if the resignations are tendered. Even if the resignation is tendered, the act resulting in disqualification arising prior to the resignation does not come to an end. Th e pending or impending disqualification action in the present case would no t have been impacted by the submission of the resignation letter, considering the fact that the act of disqualification in this case have aris en prior to the members resigning from the Assembly. G. VALIDITY OF DISQUALIFICATION ORDER 57. The Petitioners have challenged the orders passed by the Speaker disqualifying them. The Speaker has, after a detailed analysis, SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] categorically concluded that the present Petitioners have voluntarily given up membership of the party, through their undisputed conduct. 58. To examine the above contention, we need to refer to the scheme of Tenth Schedule and other provisions of the Constituti on. There is no dispute that in India, since the framing of the Constitution, there was a constant demand for formulating a law on defect ion. It may be noted that India was one of the first countries to leg islate on an Anti-Defection Law. Following the example of India, many othe r countries including Israel, Canada etc. have followed suit. 59. Relevant provisions of Paragraph 2 of the Tenth Schedule provide that: “2. Disqualification on ground of defection.— (1) Subject to the provisions of paragraphs 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House— (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.” That the Speaker can disqualify a member belonging to any political party if he has voluntarily given up his membershi p of such political party or if he votes against the wishes of his party. It is in this regard that an appropriate meaning needs to be given t o the term disqualification. 60. The dictionary meaning of the word ‘disqualification’ is ‘to officially stop someone from being in a competition or doing something because they are not suitable, or they have done something wrong’ . However, under the Tenth Schedule this term occupies a specific meaning wherein, a member is stopped from continuing to be a member 939 of a legislative body, if his actions fall in one of the conditions provided under paragraph 2. 61. In order to analyze the case at hand, we need to briefly refer to and understand the scheme of the Constitution with respect to State Legislatures. Article 168 of the Constitution provides that for every State there shall be a Governor and two Houses of Legislat ure namely Legislative Council and Legislative Assembly or where only one such Legislative House is there, then a Legislative Assembly. Under Article 172 of the Constitution every Legislative Assembly unle ss sooner dissolved shall continue for five years from the date appoi nted for its first meeting. In order to secure the membership of the State Legislature, such members must comply and conform to three distinct qualifications enlisted under Article 173. 62. Article 190(3) of the Constitution provides that th e seat belonging to a member of the Legislative Assembly becomes vacant if such a member becomes subject to any disqualification as mentioned in clause (1) or (2) of Article 191 of the Constitution, or he resigns his seat by writing under his hand addressed to the Speak er, and his resignation is accepted by the Speaker in terms of the proviso to Article 190(3) of the Constitution. 63. Article 191 provides for disqualification of a members hip which may be reduced as under: “191. Disqualifications for membership .— (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislati ve Council of a State— (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. Explanation .—For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the Fir st Schedule by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of t he Legislative Assembly or Legislative Council of a Stat e if he is so disqualified under the Tenth Schedule.” 64. It is interesting to note that Article 191(1) of the Constitution provides for disqualification of a person (a) for being chos en as and (b) for being, a member of the Legislative Assembly or the Legislative Council if his actions or candidature attract the grounds the rein. We can therefore easily infer from the usage of language unde r Article 191(1) that for disqualification such as holding an office of profit, unsoundness of mind, insolvency, etc ., bars a person from continuing as a member as well as from contesting elections. Article 191(2), on the other hand, bars a person only “for being a member” of the Legislative Assembly or the Legislative Council. This d ifference in phraseology would be explained later when we consider the part of the order of the Speaker which disqualified the present Petit ioners for the rest of the legislative term. 65. Article 192 of the Constitution provides that the Gover nor will be the authority for determination of disqualification on the grounds as contained under Article 191(1) of the Constitution. In contrast , the decision as to disqualification on the ground as contained in Article 191(2) of the Constitution vests exclusively in the Speake r in terms of paragraph 6 of the Tenth Schedule. There is no dispute that provisions under Tenth Schedule are relatable to disqualification as provided under Articles 102(2) and 191(2) of the Constitution. 66. At this point we need to observe Article 164 (1B) and 361B of the Constitution. Article 164(1B) of the Constitution reads as under: “164. Other provisions as to Members 941 ... (1B). A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for bei ng a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the dat e of his disqualification till the date on which the term of h is office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declar ed elected, whichever is earlier .” Article 361B of the Constitution reads as under: “361B. Disqualification for appointment on remunerative political post.- A member of a house belonging to any political party who i s disqualified for being a member of the House under paragrap h 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification ti ll the date on which the term of his office as such member wo uld expire or till the date on which he contests an elect ion to a House and is declared elected, whichever is earlier . ” (emphasis supplied ) From a perusal of the above provisions, it is clear that the disqualification of a member, apart from the political taint, results in two further restrictions as a means of punitive actions against the members disqualified under the Tenth Schedule. 67.Having understood the meaning and ambit of disqualification, we now need to concern ourselves with the extent of judicial r eview of the order of the Speaker passed under the Tenth Sched ule. 68. Paragraph 6 of the Tenth Schedule has an important bearing upon extent of the judicial review in case of disqualifica tion, and the same is reproduced as under: SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] “6. Decision on questions as to disqualification on grou nd of defection .— (1) If any question arises as to whether a member of a Ho use has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or , as the case may be, the Speaker of such House and his decision shall be final: Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final. (2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this Schedule shall be deemed to be proceedings in Parliament within the meaning of Article 122 or, as the case may be, proceedings in the Legislature of a State wit hin the meaning of Article 212.” Disqualification is with respect to the status of being a m ember of the House and can only be considered by the Speake r if such question, through a petition, is addressed/ referred to the Speaker. It is apparent from the reading of paragraph 6 of the Tenth Schedul e that the decision of the Speaker on disqualification under the Tenth Schedule is final. 69. However, the finality which is attached to the o rder of Speaker cannot be meant to take away the power of thi s Court to review the same. In the Kihoto Hollohan case (supra) this Court recognized the Speaker’s role as a tribunal and allowed judicial review of the orders of the same on the grounds provided therein. The Speaker, being a constitutional functionary, is generally pre sumed to have adjudicated with highest traditions of constitutionalism. In view of the same, a limited review was allowed for the courts to adjudi cate upon the orders passed by the Speaker under the Tenth Schedule. He re, we need to appreciate the difference in the meaning of the te rms ‘final’ and ‘conclusive’, in the context that the order of the Speaker is final but not conclusive and the same is amenable to judicial re view. 943 70. Now we come to the principles that have been evolved by Courts in deciding a challenge to the order passed by Speaker in exercise of his powers under the Tenth Schedule of the Constitution. In the Kihoto Hollohan case (supra) this Court, while upholding the constitutionality of the Tenth Schedule of the Constitution, held that the finality clause under paragraph 6(2) of the Tenth Schedule l imits the scope of judicial review available to an aggrieved person t o certain limited grounds. This Court, in this context, held that: “109. In the light of the decisions referred to above and th e nature of function that is exercised by the Speaker/Chairman under Paragraph 6, the scope of judicial review under Arti cles 136, and 226 and 227 of the Constitution in respect of an order passed by the Speaker/Chairman under Paragraph 6 would be confined to jurisdictional errors only viz., infirmities based on violation of constitutional mandate, mala fides, non- compliance with rules of natural justice and perversity .” (emphasis supplied ) 71. The Petitioners contend that the principles of natural justice were breached when the Speaker provided for a three-days’ not ice, in derogation of Rule 7(3)(b) of the Karnataka Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1 986, wherein a seven-day period is prescribed. On the co ntrary, the Respondents have emphatically stressed on the fact tha t there was adequate opportunity given to the disqualified members to make out their case before the Speaker. 72. Principles of natural justice cannot be reduced into a straitjacket formula. The yardstick of judging the compliance of natural justice, depends on the facts and circumstances of each case. In the case of R.S. Dass v. Union of India , (1986) Supp SCC 617, this Court made following observations: “25. It is well established that rules of natural justice are not rigid rules , they are flexible and their application depends upon the setting and the background of statutory provision, nature o f the right which may be affected and the consequences which may entail, its application depends upon the facts and circumstances of each case....” (emphasis supplied ) SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 73. This Court in the case of Kihoto Hollohan case (supra) held that the Speaker decides the question as to the disqualifica tion in an adjudicatory disposition. This view received further elaboration by this court in the case of Ravi S. Naik v. Union of India , 1994 Supp (2) SCC 641 at page 653: “20... An order of an authority exercising judicial or quasi- judicial functions passed in violation of the princ iples of natural justice is procedurally ultra vires and, the refore, suffers from a jurisdictional error . That is the reason why in spite of the finality imparted to the decision of the Speaker s/ Chairmen by paragraph 6(1) of the Tenth Schedule such a decision is subject to judicial review on the ground of non-compliance with rules of natural justice. But while applying the principles of natural justice, it must be borne in mind that “they are not immutable but flexible” and they are not cast in a ri gid mould and they cannot be put in a legal straitjacke t. Whether the requirements of natural justice have be en complied with or not has to be considered in the con text of the facts and circumstances of a particular case. ” (emphasis supplied ) 74. At this point, the Petitioners have placed reliance on the case of Balachandra L. Jarkhiholi v. B. S. Yeddyurappa, (2011) 7 SCC 1 and argued that in that case, this Court had stru ck down the disqualification order solely on the basis of the fact that only three days’ notice was given to the members. However, it is releva nt to point out here, that in the Ravi S. Naik case (supra), a disqualification order wherein the Speaker had granted two days’ notice to the members was upheld. The question, therefore, is not the number of days tha t were given by the Speaker for answering the show-cause notice, ra ther to see whether an effective opportunity of hearing was provide d. This brings us back to the point already reiterated that the principle of natural justice is not a straitjacket formula. 75. In this context, this aspect needs to be adjudicated i n the individual facts and circumstances having regard to the fact as to whether the members received notice of hearing, the re ason for their absence and their representation before the Speaker. The refore, we will deal with the individual cases later, having regard to the law laid down. [ Refer to Chapter J ] 945 76. The second contention raised by some of the Petitioner s is that the order of the Speaker was passed in violation of the constitutional mandate. We are of the considered view that such contention cannot be sustained. 77. The phrase “violation of constitutional mandate” speaks for itself and does not need much elaboration. A “constitutional mandate” can be understood as what is required under, or by, the Constituti on. For instance, in the Raja Ram Pal v. Hon’ble Speaker, Lok Sabha , (2007) 3 SCC 184, the phrase “constitutional mandate” is used in this sense: “360...On a plain reading, Article 122(1) prohibits “the valid ity of any proceedings in Parliament” from being “called in question” in a court merely on the ground of “irregularity of procedure”. In other words, the procedural irregularities cannot be used by the court to undo or vitiate what happens within the four walls of the legislature. But then, ‘procedural irregularity’ stands in stark contrast to ‘substantive illegality’ which cannot be found included in the former. We are of the considered view that this specific provision with regard to check on the role of the judicial organ vis-à-vis proceedings in Parliament uses language w hich is neither vague nor ambiguous and, therefore, must be treat ed as the constitutional mandate on the subject , rendering unnecessary search for an answer elsewhere or invocation of principles of harmonious construction.” (emphasis supplied ) In the context of the Tenth Schedule, and an order of disqualification passed by the Speaker thereunder, the “c onstitutional mandate” is therefore nothing but what is constitutionally r equired of the Speaker. A “violation of constitutional mandate” is merely an unconstitutional act of the Speaker, one that cannot be defended on the touchstone of the Tenth Schedule and the powers or duties of the Speaker therein and is in contravention or violation of the same. 78. On the point of violation of constitutional mandate, although we are of the opinion that there was an error committed by the Speaker in deciding the disqualification petitions, the same does not rise to a level which requires us to quash the disqualification orders in their entirety. The specific error which we have identified relates to the period of SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] disqualification imposed by the Speaker in the impu gned orders. However, this error is severable, and does not go to the root of t he disqualification, and thus does not require us to quash the disqualification orders in toto . Our findings on this issue highlighted above are dealt with in separate section of this judgment, for the sake of c larity. 79. The third contention of the Petitioners is that the ord ers of the Speaker were passed with malafides , and therefore, the same needs to be quashed. While there is no gainsaying that the ground of malafides is available to an individual challenging the order of the Spe aker, the onus of proof regarding the same is on the one who challenges the said action and has a very heavy burden to discharge. [See E. P. Royappa v. State of Tamil Nadu , (1974) 4 SCC 3 ; Raja Ram Pal case ( supra ); Sub-Committee on Judicial Accountability v. Union of India , (1991) 4 SCC 699]. In the present case, although the Petitioners c laimed that the Speaker acted malafide , they have neither made any specific allegation, nor can it be said that they have discharged the heavy burden that is required to prove that the ground of malafide is made out. 80. The Petitioners have contended that the order of the Speaker is perverse; however, they are not able to specifically point out any such instance. “Perversity” has been understood by this Court in a catena of judgments as relating to a situation where the findings assailed before it have been arrived at on the basis of no evidence, o r thoroughly unreliable evidence, and no reasonable person would act upon it. 81. Although, the learned Senior Counsel Dr. Rajeev Dhavan contended that the “some material” test needs to be applied to determine perversity. However, we are not expressing any opinion on this issue as in the earlier case of Mayawati v. Markandeya Chand, (1998) 7 SCC 517, a three-Judge Bench of this Court expressed different views on the same. In our opinion, the impugned orders of the Speaker can be sustained from the challenge made on the ground of perversi ty as the Respondents have been able to show that there was sufficient material available before the Speaker to pass the impu gned orders. Further, on a consideration of the totality of the facts brought on record before us, it cannot be held that the findings of the Speake r are so unreasonable or unconscionable that no tribunal could have arri ved at the same findings. Additionally, it may be noticed that the counsel for the Petitioners did not even controvert before us, the mat erial relied upon by the Speaker. In view of the above, the Petitioners fai led to show any illegality in the orders of the Speaker. 947 82. Before we conclude we need to refer to Griffith and Ryle on Parliament Functions, Practice and Procedure (1989 edn., p. 119) say: “Loyalty to party is the norm, being based on shared beliefs. A divided party is looked on with suspicion by t he electorate. It is natural for Members to accept the o pinion of their Leaders and Spokesmen on the wide variety of matters on which those Members have no specialist knowledge . Generally Members will accept majority decisions in the party even when they disagree. It is underst andable therefore that a Member who rejects the party whip ev en on a single occasion will attract attention and more criticis m than sympathy. To abstain from voting when required by party to vote is to suggest a degree of unreliability. To vote against party is disloyalty. To join with others in absten tion or voting with the other side of conspiracy. ” (emphasis supplied ) 83. There is no gainsaying that the scope of judicial revie w is limited to only grounds elaborated under the Kihoto Hollohan case (supra ). In this regard, the Petitioners have not been able to est ablish any illegality in the orders passed by the Speaker. The Speaker, in our view, had concluded based on material and evidence that the members have voluntarily given up their membership of the pa rty, thereby accruing disqualification in terms of the Tenth Schedule, which f acts cannot be reviewed and evaluated by this Court in these writ petitions. So, we have to accept the orders of the Speaker to t he extent of disqualification. H. POWER OF THE SPEAKER TO DIRECT DISQUALIFICA TION TILL THE EXPIR Y OF THE TERM 84. The Petitioners have submitted that the Speaker, through the disqualification orders, has prohibited them from contesting elections and becoming members of the House for the remaining duration of the 15 th Legislative Assembly of Karnataka. 85. The impugned disqualification orders not only disqualify the Petitioners, but also indicated the time period for which they would be disqualified, viz ., from the date of the order till the expiry of the term of the 15 th Legislative Assembly of Karnataka. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 86. Learned counsel for the Petitioners have specifi cally challenged this finding by asserting that the Speaker di d not have the jurisdiction. They contended that the Speaker’s orders have the effect of disqualifying them from contesting elections and “being chosen” as members. Learned Senior Counsel asserted that the C onstitutional provisions, particularly Articles 361B and 164(1B) of the Constitution, clarify that the disqualification of a member under the Tenth Schedule does not bar him from contesting elections, and on a member being re- elected the bar under the two Articles comes to an end. 87.Learned Senior Counsel, Mr. Kapil Sibal, defended the orders of the Speaker barring the disqualified members till the end of the term of the Legislative Assembly. He contended that the Speaker was within his jurisdiction, as the master of the House, to punish the members for having indulged in anti-party activities. While the learned Senior Counsel was unable to point to any specific provision in the Constitution allowing the same, he submitted that the Speaker has the inhere nt power to maintain the integrity and decorum of the House. The learned S enior Counsel gave the example of the power of the Speaker to tak e action against a member who commits a crime in the well of the House, despite the absence of any specific provision allowing him to do the same. The learned Senior Counsel lastly submitted that unless the Sp eaker had such a power, the anti-defection law would be a toothless law and that constitutional morality requires such interpretation. 88. Mr. Rakesh Dwivedi, learned Senior Counsel appearing for the Election Commission of India submitted that as a matter of practice, the Election Commission has always allowed a person disqualified under the Tenth Schedule to participate in the next election. The learned Senior Counsel substantiated his position by indicating from the provisions of the Tenth Schedule of the Constitution that the Speaker has only been given a limited jurisdiction therein, that is, to decide on the question of disqualification. The consequences of the same, however, are separately provided for under the Constitution, and the Speaker does not have the power to decide the same. The learned Senior Counsel also took us through the phrasing of Article 191 of the Constitution, which provides for disqualification, and Section 36 of the Representation of the People Act, 1951 to indicate that disqualification under the Tenth Schedule is not included in the Representation of the People Act, 1951 as a ground for rejecting the nomination of a candidate. Finally, the learned Senior 949 Counsel submitted that barring someone from contesting elections is a very serious penal power which cannot be resorted to by the Speaker in absence of an express and specific provision of law. 89. The crucial question which arises is whether the power of the Speaker extends to specifically disqualifying the membe rs till the end of the term? 90. The Tenth Schedule of the Constitution while dealing with disqualification on account of defection, does not specify the consequences or period of such disqualification. In fact, the v acancy which results from the disqualification is provided under Article 190(3) of the Constitution. The scope of the Speaker’s pow ers on disqualification requires us to examine the other provisi ons of the Constitution and relevant statutory provisions. 91. Article 191 of the Constitution provides for disqualification from the membership of the Legislative Assembly or Legislative Council of a State generally. Article 191(1) of the Constitution i s a general provision providing for the disqualification from the membership of the Legislative Assembly or the Legislative Council of a St ate on the grounds mentioned therein. Article 191(2) of the Co nstitution specifically provides that a person disqualified under the Tenth Schedule is disqualified for being a member. It is relevant to note th at Article 191(2) of the Constitution, like the Tenth Schedule, does not pr ovide that the “disqualification” is to operate for a particular period or duration. 92.The contrast in phraseology between Article 191(1) and Article 191(2) of the Constitution is crucial for deciding the present controversy. Article 191(1) of the Constitution provides that a person di squalified under any one of the clauses of Article 191(1) is disqualified both “for being chosen as” and “ for being ” a member of the house. In contrast, Article 191(2) only uses the phrase “ for being a member ”, which is the language used in paragraph 2 of the Tenth Schedule. The exclusion of the phrase “ for being chosen as ” a member in Article 191(2) of the Constitution suggests that the disqualification u nder the Tenth Schedule is qualitatively and constitutionally different fr om the other types of disqualification that are provided for under Artic le 191(1) of the Constitution. The phrase “ for being chosen as ” has a specific connotation, meaning that a person cannot become a member of t he House, if suffering from a disqualification under Article 191(1) of the Constitution. At the same time, the absence of these words i n Article SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 191(2) of the Constitution suggests that a person who is no longe r a member due to disqualification under the Tenth Sche dule of the Constitution does not suffer from the additional infirmity of not being allowed to become a member subsequently. Therefore, such a p erson is not barred from contesting elections. 93. This interpretation is further supported by the la nguage employed in Section 36(2) of the Representation of the People Act, 1951, which provides for when a returning officer may rej ect the nomination of a candidate. Section 36(2)(a), of the Representati on of the People Act, 1951 states that the nomination may be rejec ted if a candidate is disqualified “ for being chosen ” to fill the seat under Article 191 of the Constitution, echoing the language employed in Article 191(1), and not Article 191(2) of the Constitution. 94. Apart from the above, Articles 164(1B) and 361B of the Constitution, which were inserted by the 91 st Constitutional Amendment, also show that disqualification under the Tenth Schedule does not bar a person from contesting elections. Both the above co nstitutional provisions specifically indicate the outer period f or which the consequences indicated therein would extend, which is, either till the end of the term or till the disqualified member is elected, whichever is earlier. The fact that the phrase “whichever is earlier” is used in both these provisions, indicates that the Constitution contemplates a situation where an election takes place prior to the end of the term of the House. Further, the term “election” as used in the above provisions h as not been constrained by any other word, which strengthens the view th at a member who has been disqualified under the Tenth Schedule is not barred from contesting elections. 95. Parliament by way of an enactment under Article 191(1)(e) read with Entry 72 of the Union List in the Seventh Schedule can make a law providing for disqualifications of persons from contesting elections. It is in exercise of this power that the Parliament enacted The Representation of the People Act, 1951. The Preambl e to the aforementioned Act makes it evident that it was enacted for the purpose of “providing qualifications and disqualifications for membership” to the Houses of Legislature. “An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for 951 membership of those Houses , the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.” (emphasis supplied ) 96. Chapter II of Part II of the Representation of the People Act, 1951 provides for the qualification for membership of the State Legislature while Chapter III vide Sections 7 to 11 provides for disqualification for membership of the Legislature. These sections not only provide for the event of disqualification, but also prov ide for the specific periods for which such disqualification sha ll operate. For instance, under Section 8 of the Representation of the People Act, 1951, different periods of disqualification are provided depend ing on the specific offence an individual is convicted under. 97. However, the provisions do not provide for and deal with disqualification under the Tenth Schedule. Clearly, Section 36 of the Representation of the People Act, 1951 also does not contemplate such disqualification. Therefore, neither under the Constitution nor under the statutory scheme is it contemplated that disqualification under the Tenth Schedule would operate as a bar for contesting re-e lections. The language of clauses (1) and (2) of Article 191, Articles 164(1 B) and 361B are contrary to the contention of the Respondents. 98. Given this position, we conclude that the Speaker does not have any explicit power to specify the period of disqualification under the Tenth Schedule or bar a member from contesting elect ions after disqualification until the end of the term of the Legislative Assembly. 99. It is necessary for us to look at the submission of the learned Senior Counsel, Mr. Kapil Sibal, that the Speaker can still be said to have inherent powers which allows him to pass restrictions like the one impugned herein. On this point, the counsel for the Petitioners argued that such a broad inherent power does not exist with the Spe aker. He contended that even for granting leave of absence, th e Speaker is required to present the same before the Legislative Assembly , which needs to accept the leave application before leave of absence is actually granted. 100. We are unable to agree with the contention of the learned Senior Counsel, Mr. Kapil Sibal, that the power of the Speaker to bar SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] a disqualified member from contesting re-election is inherent to his role and is required to be read into the Constitution to prevent the Speaker from becoming toothless. When the express provision s of the Constitution provide for a specific eventuality, it is not app ropriate to read an “inherent” power to confer additional penal consequences . To do so, and accept the contention of the respondents, would b e against the express provisions of the Constitution. 101. This Court has repeatedly held that a person cannot be barred from contesting elections if he is otherwise qualified to contest the same. This legal position is vividly illustrated by the Constitution Bench ruling in G. Narayanaswami v. G. Pannerselvam, (1972) 3 SCC 717. In dealing with the question as to whether a non-gra duate was qualified to be a candidate for the graduate constituenc y for the Legislative Council, when such a requirement was not prescribed either by the Constitution or the Parliament, this Court reversed the judgment of the Madras High Court which required the candidate to be a graduate. This Court held that when the law does not require such a qualification, it cannot be imposed by the Courts, and observed that: “20. We think that the language as well as the legislative history of Articles 171 and 173 of the Constitution and Section 6 of the Representation of People Act, 1951, enable us to pres ume a deliberate omission of the qualification that the representative of the graduates should also be a graduate. In our opin ion, no absurdity results if we presume such an intention. We cannot infer as the learned Judge of the Madras High Court had done, from the mere fact of such an omission and opinions about a supposed scheme of “functional representation” underlying Article 171 of our Constitution, that the omission was either unintentional or that it led to absurd results. We think that, by adding a condition to be necessary or implied qualifications of a representative of the graduates which the Constitut ion- makers, or, in any event the Parliament, could have easily imposed, the learned Judge had really invaded the legislative sphere. The defect, if any, in the law could be removed only by law made by Parliament. (emphasis supplied ) 102. Similarly in the case of N.S. Vardachari v. G. Vasantha Pai, (1972) 2 SCC 594, a three-judge bench of this Court reiterated 953 the above position, and held that once a candidate possesses the qualifications and is not subject to any of the disqualifications specified in the law, he is qualified to be a candidate and any other consideration becomes irrelevant. The Court held that: “18. The Representation of the People Act, 1950 prescr ibes qualifications for being enrolled as an elector. Sections 8 to 1 0- A of the Act set out the grounds which disqualify a person from being a candidate. If a person possesses all the qualifica tions prescribed in the Constitution as well as in the Act and ha s not incurred any of the disqualifications mentioned therein then he is qualified to be a candidate. It may look anomalous that a non- graduate should be a candidate in a Graduates’ constituency. But if a candidate possesses the qualifications prescribe d and has not incurred any of the disqualifications mentione d in the Constitution or in the Act other consideration becom es irrelevant. That is the ratio of the decision of this Court in Narayanaswamy case .” (emphasis supplied ) 103. It is clear that nothing can be added to the grou nds of disqualification based on convenience, equity, logic or perceived political intentions. 104. It is the contention of the Respondents that the Court should consider desirability of having a stricter model of disqualification wherein a person who has jumped the party lines should not be encouraged and should be punished with severe penal consequences for attempt ing to do so. Further, learned Senior Counsel, Mr. Kapil Sibal, has termed the actions of the Petitioners as a constitutional sin. 105. We do not subscribe to such an extreme stand taken by the learned Senior Counsel, considering the fact that such extreme sta nd could have a chilling effect on legitimate dissent. In any case , such a change in the policy cannot be looked into by this Court, as the same squarely falls within the legislative forte. Any attempt to interfere is better termed as reconstruction, which falls beyond the scope of legal interpretation by the Courts. [refer to G. Narayanaswami case (supra )] 106. It is clear that the power to prescribe qualificati ons and disqualifications for membership to the State Legis lature must be SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] specifically provided for under the Constitution or by the Parl iament by enacting a law. Since neither the Constitution nor any Act provides for defection to another party as a bar from contesting further elections, reading such a bar into the nebulous concept of the inherent powers of the Speaker is impermissible and invalid. Without com menting on whether the Speaker has inherent powers or not, a Constitution Bench of this Court in the Raja Ram Pal case (supra), while holding that certain unwritten powers inure with the Parliament under Article 105(3) of the Constitution, went on to observe even in case of expu lsion, the expelled candidate is not barred from contesting re-election. 107. Viewed from a different angle, although the Constitution may not say everything, this Court is mandated to expound the unsaid. However, such elaboration cannot be done in derogation of separation of powers and in a drastic or radical fashion. In this context, Benjamin Constant, a prominent Swiss-French political writer, wrote in 1814 that: “Constitutions are seldom made by the will of men. Time makes them. They are introduced gradually and in an almos t imperceptible way. Yet there are circumstances in which it is indispensable to make a constitution. But then do onl y what is indispensable. Leave room for time and experience, so that these two reforming powers may direct your already constituted powers in the improvement of what is done and the completion of what is still to be done.” (emphasis supplied ) 108. The contention of the Respondents that the poli tical exigencies required such measures to be taken needs to be r ejected. The Constitutional silences cannot be used to introduce changes of such nature. 109. In Kihoto Hollohan (supra ), this Court observed: 48. The learned author, referring to cases in which an elected Member is seriously unrepresentative of the general constituency opinion, or whose personal behaviour falls below standa rds acceptable to his constituents commends that what is needed is some additional device to ensure that a Member pays heed t o constituents’ views. Brazier speaks of the efficacy of the device where the constituency can recall its representative. Brazier says: [Ibid. at 52, 53] 955 “What sort of conduct might attract the operation of the recal l power? First, a Member might have misused his Membership of the House, for example to further his personal f inancial interests in a manner offensive to his constituents . They might consider that the action taken against him by the House (or, indeed, lack of action) was inadequate …. Thirdly, the use of a recall power might be particularly apt when a Mem ber changed his party but declined to resign his seat and fight an immediate by-election. It is not unreasonable to expec t a Member who crosses the floor of the House, or who joins a new party, to resubmit himself quickly to the electo rs who had returned him in different colours . Of course, in all those three areas of controversial conduct the ordinary pr ocess of reselection might well result in the Member being dropped as his party’s candidate (and obviously would definitely have that result in the third case). But that could only occur when the time f or reselection came; and in any event the constituency would sti ll have the Member representing them until the next general election. A cleaner and more timely parting of the ways would be preferable. Sometimes a suspended sentence does not meet the case.” 49. Indeed, in a sense an anti-defection law is a statu tory variant of its moral principle and justification underl ying the power of recall. What might justify a provision for recall would justify a provision for disqualification for defect ion . Unprincipled defection is a political and social evil... (emphasis supplied ) 110. From the above, it is clear that the Speaker, in exe rcise of his powers under the Tenth Schedule, does not have the power to either indicate the period for which a person is disqualified, nor to bar someone from contesting elections. We must be careful to remember th at the desirability of a particular rule or law, should not i n any event be confused with the question of existence of the same, and constitutional morality should never be replaced by political morality, in deciding what the Constitution mandates. [ refer to Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217] SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 111. We, therefore, hold that part of the impugned orders passed by the Speaker which specifies that the disqualification wil l last from the date of the order to the expiry of the term of the 15 th Legislative Assembly of Karnataka to be ultra vires the constitutional mandate, and strike down this portion of the disqualification orders. Howe ver, this does not go to the root of the order, and as such, does not a ffect the aspect of legality of the disqualification orders. 112. Before parting, having ascertained the ambit of the Speaker’s power, the only regret this bench has, is with r espect to the conduct and the manner in which all the constitutional functionaries have acted in the current scenario. Being a constitutional functiona ry, the Constitution requires them and their actions to uphold constitutionalism and constitutional morality. In this regard, a functionary is expected to not be vacillated by the prevailing political morality a nd pressures. In order to uphold the Constitution, we need to have men and women who will make a good Constitution such as ours, better. In this rega rd, Dr. Ambedkar on 25.11.1949 stated that: … ‘As much defence as could be offered to the Constitutio n has been offered by my friends Sir Alladi Krishnaswami A yyar and Mr T.T. Krishnamachari. I shall not therefore enter into the merits of the Constitution. Because I feel, however good a Constitution may be, it is sure to turn out bad bec ause those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of State such as the Legislature, the Exe cutive and the Judiciary. The factors on which the working of those organs of the State depend are the people and the politic al parties they will set up as their instruments to car ry out their wishes and their politics. Who can say how the people of India and their parties will behave? Will they u phold constitutional methods of achieving their purposes or will the y prefer revolutionary methods of achieving them? If they adopt the revolutionary methods, however good the Constitution may be, it requires no prophet to say that it will fail. It i s, therefore, futile to pass any judgment upon the Constitution wi thout 957 reference to the part which the people and their parties are likely to play.’ (emphasis supplied ) 113. Dr. Rajendra Prasad reiterated the same on 26.11.1949, in the following words: … ‘ Whatever the Constitution may or may not provide, the welfare of the country will depend upon the way in which the country is administered. That will depend upon the men who administer it. It is a trite saying that a country can have only the Government it deserves. Our Constitution has provisions in it which appear to some to be objectionable from one point or another. We must admit that the defects are inherent in the situation in the country and the people at large. If the people who are elected are capable and men of character an d integrity, they would be able to make the best even of a defective Constitution. If they are lacking in thes e, the Constitution cannot help the country. After all, a Constitution like a machine is a lifeless thing. It acquires life b ecause of the men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them.’ (emphasis supplied ) 114. In view of the same, we can only point out that merely taking the oath to protect and uphold the Constitution may not be suffici ent, rather imbibing the Constitutional values in everyday functioni ng is required and expected by the glorious document that is our Constitution. Having come to conclusion that the Speaker has no power under the Constitution to disqualify the members till the end of the term, w e are constrained to make certain observations. 115. In the end we need to note that the Speaker, being a neutral person, is expected to act independently while cond ucting the proceedings of the house or adjudication of any pet itions. The constitutional responsibility endowed upon him has to be scrupulously followed. His political affiliations cannot come in the way of adjudication. If Speaker is not able to disassociate from his political party and behaves contrary to the spirit of the neutrality and independence, suc h person does not deserve to be reposed with public trust and confidenc e. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 116. In any case, there is a growing trend of Speakers acting against the constitutional duty of being neutral. Additionally, political parties are indulging in horse trading and corrupt practices, due to which the citizens are denied of stable governments. In these circ umstances, the Parliament is required to re-consider strengthening cer tain aspects of the Tenth Schedule, so that such undemocratic pr actices are discouraged. I. REFERENCE TO CONSTITUTION BENCH 117. Mr. Kapil Sibal, learned Senior Counsel, has contended that the matters herein involve substantial questions of law, which require a reference to a larger bench. To support his argument, he ha s referred to Article 145 (3) of the Constitution to state that this Court is mandated under law to refer the matters to a larger bench since a s ubstantial question of law concerning the interpretation of the Constitution has arisen in the instant case. 118. At this juncture, it may be beneficial to quote Article 145(3) of the Constitution: “145. Rules of Court, etc.- ... (3)The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of la w as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than Article 132 consists of less than five Judges and in the course of the hearing of th e appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution t he determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.” 119. There is no doubt that the requirements under Article 145(3) of the Constitution have never been dealt with extensively and, m ore often than not, have received mere lip service, wherein this Court has 959 found existence of case laws which have already dea lt with the proposition involved, and have rejected such references. Normatively, this trend requires consideration in appropriate cases, to e nsure that unmeritorious references do not unnecessarily consume precious judicial time in the Supreme Court. 120. In any case, we feel that there is a requirement to p rovide a preliminary analysis with respect to the interpretation of this provision. In this context, we need to keep in mind two import ant phrases occurring in Article 145(3) of the Constitution, which are, ‘substantial question of law’ and ‘interpretation of the Constitution’. By reading the aforesaid provision, two conditions can be culled out before a reference is made: i. The Court is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution; ii. The determination of which is necessary for the disposal of the case. 121. We may state that we are not persuaded for referring t he present case to a larger bench as the mandate of the a foresaid Article is that this Court needs to be satisfied as to the existence of a substantial question of law on the Constitutional interpretation. However, this does not mean that every case of constitutional interpretatio n should be compulsorily referred to a Constitutional Bench. 122. Any question of law of general importance arisi ng incidentally, or any ancillary question of law having no significance to the final outcome, cannot be considered as a substantial ques tion of law. The existence of substantial question of law does not wei gh on the stakes involved in the case, rather, it depends on the imp act the question of law will have on the final determination. If th e questions having a determining effect on the final outcome have alread y been decided by a conclusive authority, then such questions cannot be called as “substantial questions of law”. In any case, no substa ntial question of law exists in the present matter, which needs reference to a larger bench. The cardinal need is to achieve a judicial balance between the crucial obligation to render justice and the compelling ne cessity of avoiding prolongation of any lis . SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 123. Similar questions for reference to a larger bench had arisen in the case of Abdul Rahim Ismail C. Rahimtoola v. State of Bombay, AIR 1959 SC 1315 , wherein this Court rejected the reference as the questions sought to be referred were already settled by an earlier five judge bench. Likewise, this Court in the case of Bhagwan Swarup Lal Bishan Lal v.State of Maharashtra , AIR 1965 SC 682, held that a substantial question of interpretation of a provision of the Constitution cannot arise when the law on the subject has been f inally and effectively decided by this Court. The same is provided her eunder: “11... Learned counsel suggests that the question raised involves the interpretation of a provision of the Constitution and therefore the appeal of this accused will have to be referred to a Bench consisting of not less than 5 Judges. Under Article 145(3) of the Constitution only a case involving a substantial question of law as to the interpretation of the Constitution shall be heard by a bench comprising not less than 5 Judges. This Court held in State of Jammu and Kashmir v. Thakur Ganga Singh , AIR 1960 SC 356 that a substantial question of interpretation of a provision of the Constitution cannot arise when the law on the subject has been finally and effectively decided by t his Court …..As the question raised has already been decided by this Court, what remains is only the application of the princip le laid down to the facts of the present case. We cannot, therefore, hold that the question raised involves a substantial questi on of law as to the interpretation of the Constitution within the meaning Article 145(3) of the Constitution.” (emphasis supplied ) This Court sitting in a three Judge Bench in People’s Union for Civil Liberties (PUCL) v. Union of India , (2003) 4 SCC 399, has reiterated the above principle. 124. In light of the above pronouncements, we observe tha t question of constitutional interpretation would arise only if two or more possible constructions are sought to be placed on a provision. In s pite of the assertive arguments made by the learned Senior Co unsel, Mr. Kapil Sibal, we are guided by the decisions rendere d by two Constitutional Bench decisions of this Court in the Kihoto Hollohan case (supra) and Rajendra Singh Rana case ( supra ). These decisions form the authoritative framework for understanding the Tenth Schedule 961 and have been followed in a number of subsequent judgments and do not require reconsideration. 125. At the cost of repetition, we may note that the ambit of this Court’s jurisdiction under Article 32 of the Constitution is well settled, which does not merit any further reference in this regard. The Respondents have contended that the disqualification issue cannot b e dealt under the writ jurisdiction, however, we have already pointed out that there is no bar for this Court to deal with the same a s portrayed by various precedents cited above. 126. The case mostly turns on the fact that there is ample evidence to portray that the defection of these Petitioners had occurred even before they resigned. In the impugned orders, the Speaker has made out a case that the acts of the Petitioners indic ated “ voluntary giving up of membership ”. Therefore, the question as to the jurisdiction of the Speaker to deal with disqualific ation after the members have tendered the resignation does not arise, stricto sensu . In view of the aforesaid factual scenario, there is no re quirement to deal with the questions of law raised by the Respondents. 127. Further, the power of the Speaker to disqualify has been interpreted in a number of cases, and the present case does not require any broad-based reference which would only prolong the inevi table. Such casual and cavalier references should not be undertaken by this Court in view of conditions prescribed under Article 14 5(3) of the Constitution, which mandates a responsibility upon this Court not to indulge in excessive academic endeavors and preserve precious judicial time, and effectively dispense justice in a timely fashion. 128. The last aspect, which relates to the power of the Spea ker to disqualify the members till the end of the term, has alre ady been dealt with extensively. At the cost of repetition, we may only point out that the Respondents’ contention that a bar exists on the memb ers till the end of the term, falls within the domain of the legislature. Therefore, we do not see any merit in referring the aforesaid cas e to a larger bench. [Refer to Public Interest Foundation v. Union of India, (2019) 3 SCC 224 ] 129. In view of the aforesaid discussion, we decline to refer the case to a larger bench considering that there is no substantial question of constitutional interpretation that arises in this case. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] J. INDIVIDUAL CASES W.P . (C) NO. 992 OF 2019 130. The Petitioner (Shrimanth Balasaheb Patil) accepts that he was elected on the ticket of INC and claims that he p roceeded to Chennai for personal reasons without abstaining from his pres ence in the ongoing Assembly Session. Admittedly, the Petitioner had abstained from attending the proceedings in the Assembly on 18.07.2019 and 19.07.2019. Pursuant to the same, the disqualification petition was filed against him on 20.07.2019 and he was further directed to appear for hearing on 24.07.2019. Subsequently, the Petitioner had written a letter dated 23.07.2019 addressing the Speaker and seeking four weeks’ time to file appropriate reply to the contents of the petition. N evertheless, the Hon’ble Speaker proceeded and passed the disqualif ication order on 28.07.2019 which has been impugned in the instant petition. 131. It ought to be noted that the impugned order passed by the Hon’ble Speaker, refers to the communication/letters addressed by the petitioner of having gone to Chennai, but due to discomfort and health reasons had contacted his doctor friend and accordingly proce eded to Mumbai where he was admitted. It also records that the petitioner had attended the Assembly sessions on 12.07.2019 and 15.07. 2019 but thereafter had abstained from attending the session on 22.07.20 19 for which whip had been issued on 20.07.2019. It was also admitted that no formal leave was granted to the Petitioner. The Speaker had earlier rejected the leave of absence tendered by the Petit ioner as the documents issued by the private hospital did not inspire confidence. Pertinently, the petitioner’s letter dated 19.07.20 19 written to the Speaker was not countersigned by any doctors of the Hospital . 132. It is further recorded that the petitioner had not attend ed the Assembly sessions on 18.07.2019, 19.07.2019, 22.07.20 19 and 23.07.2019. So, the petitioner was aware that the motion seeking t he vote of confidence was on the floor of the Karnataka Legislative Assembly. The petitioner accepts that he had sent l etter dated 23.07.2019, which refers to the disqualification petition. The petitioner herein was clearly aware of the disqualification proceedings . 133. The objections filed to the writ petition also refer to the fact that the INC, to test the loyalty of its Members, in view of the pending trust vote, had categorically informed the party members not to absent 963 themselves from the proceedings of the Assembly, failing which action under the Tenth Schedule would be taken. 134. We do not think that the order of the Speaker suffers fr om perversity. Even the petitioner has not submitted material to controvert the findings recorded by the Speaker in the impugned order. With regard to the assertion that there was violation of principles of natural justice would not also stand in view of the fact that the Speaker has ta ken a holistic view and gave sound reasons to disqualify the petitioner after providing him sufficient opportunity to defend himself. Alleged violation of principles of natural justice also do not carry any weight in view of the factual background of the case read in light of the fact that trust vote had to be voted upon. W. P . (C) NO. 997 OF 2019 135. The Petitioners were elected to the 15 th Karnataka Legislative Assembly on the INC ticket. On 19.01.2019, show-cause notices were issued to the Petitioners by INC for having failed to attend the party meeting on 18.01.2019, to which explanation was submitte d by the Petitioners claiming that due to personal exigencies and medical reasons they could not attend the meeting. However, the Peti tioners again failed to attend the meeting held on 08.02.2019. The Petitioners also did not attend the Budget session. On 08.02.2019, the Petitioner No.1 (Ramesh Jarkhiholi) sought leave of absence in a letter addressed to the Speaker, due to his daughter’s wedding fixed for 24.02 .2019. Similarly, the Petitioner No. 2 (Mahesh Kumathalli) had also addressed a letter seeking leave of absence due to ill-health. disqualification petition was filed against the two Petitioners on 11.02.2019 on the ground that the Petitioners had voluntarily given up membership of the political party, i.e. INC and incurred disqualification under paragraph 2(1)(a) of the Tenth Schedule. Thereupon, notices were issued to the Petitioner s on 14.02.2019, who duly filed their response disputing the contents of the disqualification petition on 20.02.2019. While the disqualification petition was pending, the two Petitioners submitted their resi gnation to the Speaker along with ten other MLAs belonging to INC/ JD(S) on 06.07.2019. The Petitioners were thereupon given notice t o appear before the Speaker on 11.07.2019 in connection with the disqualification petition. 136. The Speaker in the impugned order has taken note of the surrounding circumstances, including the conduct of the Petitioners from SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] February 2019 onwards. It ought to be noted that sufficient opportunity of hearing was accorded to the Petitioners herein who had also fi led their responses. It ought to be noted that, vide notice dated 16.01.2019, a meeting of the INC legislative party was called for 18. 01.2019. The notice stated that the members must compulsorily attend t he meeting otherwise action would be taken against them under the Tenth Schedule. The Petitioners did not attend the party meeting on 18.01.2019. Admittedly, the Petitioners also refrained from attending the subsequent general body meeting dated 06.02.2019 as well as Assembly Sessio ns from 06.02.2019. The resignations were submitted by the Petitione rs nearly four months after the Disqualification Petition had already been filed. 137. One of the contentions raised by the Petitioners is predicated on the order of the Speaker in the case of Dr. Umesh Ya dav who was also named and served with the disqualification pet ition filed on 11.02.2019. Dr. Umesh Yadav had tendered his resigna tion on 04.03.2019, which was accepted by the Speaker on 01 .04.2019. Therefore, the Petitioners claim parity and equal t reatment. The contention deserves to be rejected as the Speaker has giv en detailed reasons to why he was not bound by the case of Dr. Umesh Yadav’s resignation. 138. As observed earlier, the Speaker had sufficient m aterial before him to pass the order of disqualification. There exist no infirmities in the order, which calls for our indulgence and interferenc e. W.P . (C) NOS. 998, 1000, 1001, 1005, 1006 AND 1007 OF 2019 139. The three Petitioners in Writ Petition (C) No. 1005 of 2019 were members of the JD(S), against whom a separate Disqualification Petition No. 5 of 2019 was moved. The Speaker passed a sep arate impugned order dated 28.07.2019 against these Petitioners. 140. Petitioners in Writ Petition (C) Nos. 998, 1000, 1001, 1006 and 1007 of 2019 were all members of the INC, again st whom Disqualification Petition Nos. 3 and 4 of 2019 were moved. A common order dated 28.07.2019, disqualifying the 10 Petitioners, was passed by the Speaker. 141. Both the above orders are being dealt with together as there are certain commonalities in the facts and circumstances which need 965 to be noted and highlighted, which led to the decision of the Sp eaker. Between 01.07.2019 and 11.07.2019, the Petitioners resigned from their posts as members of the Legislative Assembly. However, the Speaker did not adjudicate upon their resignation. Aggrieved by the fact that the Speaker was not taking a decision, ten Petitioners approached this Court in WP (C) No. 872 of 2019, wherein this Court on 11.07.2019, passed an order directing the Speaker to take the decision forth with. The Speaker, on the other hand, did not take the decision. The othe r five Petitioners impleaded themselves in the pending Writ Petition (C) No. 872 of 2019 and again, on 17.07.2019, this Court granted protection to the Petitioners with respect to being compelled to parti cipate in the proceedings of the House. As the Speaker, did not conduct the f loor test, R. Shankar [Petitioner in Writ Petition (C) No. 1 003 of 2019] approached this Court in Writ Petition (C) No. 929 of 2019, wh erein this Court passed following order on 23.07.2019: “It has been stated that the Speaker expects and is opti mistic that the Trust Vote would be taken up by the House in the Course of the day, perhaps later in the evening. We, therefore, ad journ the matter till tomorrow. 142. In this regard, it was imperative for the Speaker to pass orders in view of the urgency indicated by this Court. In these facts and circumstances, the reasonable opportunity of hearing needs to be assessed. 143. A notice of three days with an opportunity for hearing would have been sufficient in the facts and circumstances of this case, when viewed in light of the decision in the Ravi S Naik case ( supra ). In this regard, our attention was drawn to the fact that notices were sent to their emails, and their permanent addresses within their constituency. In view of the unique facts, it cannot be said that an op portunity was not provided to the Petitioners to appear before the Speaker . 144. It is altogether a different matter that the af oresaid Petitioners were in Mumbai even though they were aware of the notice, and some of them did not even bother to be represented before the Speaker. In this light, we cannot say that effective opportunity was not granted to the Petitioners. Consequently, it cannot be said a s well that there has been a violation of principles of natural justice as against the aforesaid Petitioners. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] W.P . (C) NO. 1003 OF 2019 145. The Petitioner (R. Shankar) claims that he is the sole elected member of the House belonging to KPJP. As per the Petit ioner, KPJP had not merged with INC and consequently whip issued by the I NC on 11.07.2019 was not binding on the Petitioner. As a result, the Petitioner had not incurred any disqualification under the Tenth Schedule of the Constitution. 146. The Petitioner, however, accepts that he had addressed a letter dated 14.06.2019 to the Speaker that he was the only legis lator elected under the KPJP ticket and he had agreed to merge his party with the INC. The Petitioner had relied upon paragraph 4(2) of the Tenth Schedule stating that since he is the sole elected m ember of his party there is a deemed merger under the Tenth Schedule. 147. The Petitioner, however, claims that the said letter da ted 14.06.2019 was not accepted by the Speaker and, therefore, woul d be inconsequential. He relied upon the letter dated 17.06.2019 written by the Speaker requiring him to file on record resolution of merger passed by KPJP, and to furnish documents as per legal requirements. It was further stated that is stated that no such document was filed. 148. The impugned order passed by the Speaker, on the other hand, refers to the letter of the Speaker dated 25.06.2019 statin g that in terms of paragraph 4(2) of the Tenth Schedule, if two thi rds of the members of the party decides to merge with another party, that decision would not attract provisions of the Tenth Schedule. As the Peti tioner had represented that he was the lone elected member of the KP JP and had decided to merge with INC, appropriate steps had been i nitiated. In this background, with effect from 25.06.2019, the Petitioner woul d be considered as a member of the INC legislative party. The Petitioner has disputed this letter and has stated that this letter was not addressed to him but was addressed to the Leader of the Congress Legi slature Party and the President of the Karnataka Pradesh Congress Party. The letter dated 25.06.2019 is available on the file of the Speaker . 149. The contention of the Petitioner may have carried weight in other circumstances, but we find that it is an accepted and adm itted position that the Petitioner, after giving letter dated 14.06.2019, had even become a Minister in the Government then in power. Pertine ntly, the Petitioner does not deny the letter dated 14.06.2019 and the fact that 967 he had become a Minister. The impugned order passed by the Speaker further records that on 25.06.2019 a direction had been issued by the Speaker to the Secretary, Karnataka Legislative Assembly, to treat the Petitioner as a member of the INC and allot him a s eat in the forthcoming session. Further, on 08.07.2019, the Petitioner had addressed a letter to the then Chief Minister tendering his resignati on from the Council of Ministers of which he was a part, with a request that his resignation be accepted. This resignation was also personally given to the Governor. On 12.07.2019, the Petitioner had addressed a letter to the Speaker about withdrawing support to the Government an d had requested that he be allotted a seat on the floor in the opposite benches. These aspects have been highlighted in the impugned order, which show that the contention of the Petitioner that the Speaker did not ap ply his mind on the aspect of merger, is wrong and incorrect. 150. We do not find any reason and good ground to hold that the findings in the impugned order are perverse and b ased on no evidence. Rather the stand and plea taken by the Petitioner i s devoid of merit. Similarly, the plea predicated on the violation of principles of natural justice must fail in the light of the above facts . 151. Our findings on allegations of not granting specific time in all the above cases are based on the unique facts and circum stances of each case. It should not be understood to mean that the S peaker could cut short the hearing period. The Speaker should give suffic ient opportunity to a member before deciding a disqualification proceeding and ordinarily follow the time limit prescribed in the Rules of the Legislature. K. CONCLUSION 152. In light of the discussion above, summary of law as held herein is as follows: a. The Speaker, while adjudicating a disqualification petition, acts as a quasi-judicial authority and the validity of the orders thus passed can be questioned before this Court under Article 32 of the Constitution. However, ordinarily, the party challenging the disqualification is required to first approach the High Court as the same would be appropriate, effective and expeditious. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] b. The Speaker’s scope of inquiry with respect to acceptance or rejection of a resignation tendered by a member of the legislature is limited to examine whether such a resignation was tendered voluntarily or genuinely. Once it is demonstrated that a member is willing to resign out of his free will, the speaker has no option but to accept the resignation. It is constitutionally impermissible for the Speaker to take into account any extraneous factors while considering the resignation. The satisfaction of the Speaker is subject to judicial review. c. Resignation and disqualification on account of defection under the Tenth Schedule, both result in vacancy of the seat held by the member in the legislature, but further consequences envisaged are different. d. Object and purpose of the Tenth Schedule is to curb the evil of political defection motivated by lure of office or rather similar considerations which endanger the foundation of our democracy. By the 91 st Constitutional Amendment, Articles 71 (1B), 164(1B) and 361B were enacted to ensure that a member disqualified by the Speaker on account of defection is not appointed as a Minister or holds any remunerative political post from the date of disqualification or till the date on which his term of office would expire or he/she is re-elected to the legislature, whichever is earlier. e. Disqualification relates back to the date when the act of defection takes place. Factum and taint of disqualification does not vaporise by tendering a resignation letter to the Speaker. A pending or impending disqualification action does not become infructuous by submission of the resignation letter, when act(s) of disqualification have arisen prior to the member’s resignation letter. f. In the earlier Constitution Bench judgment of Kihoto Hollohan (supra),the order of the Speaker under Tenth Schedule can be subject to judicial review on four grounds: mala fide, perversity, violation of the 969 constitutional mandate and order passed in violation of natural justice. g. Our findings on allegations of not granting specific time in all the above cases are based on the unique facts and circumstances of the case. It should not be understood to mean that the Speaker could cut short the hearing period. The Speaker should give sufficient opportunity to a member before deciding a disqualification proceeding and ordinarily follow the time limit prescribed in the Rules of the Legislature. h. In light of the existing Constitutional mandate, t he Speaker is not empowered to disqualify any member till the end of the term. However, a member disqualified under the Tenth Schedule shall be subjected to sanctions provided under Articles 75(1B), 164(1B) and 361B of Constitution, which provides for a bar from being appointed as a Minister or from holding any remunerative political post from the date of disqualification till the date on which the term of his office would expire or if he is re-elected to the legislature, whichever is earlier. i. There is a growing trend of the Speaker acting agains t the constitutional duty of being neutral. Further horse trading and corrupt practices associated with defection and change of loyalty for lure of office or wrong reasons have not abated. Thereby the citizens are denied stable governments. In these circumstances, there is need to consider strengthening certain aspects, so that such undemocratic practices are discouraged and checked. j. The existence of a substantial question of law does not weigh on the stakes involved in the case, rather, it depends on the impact the “question of law” will have on the final determination. If the questions having a determining effect on the final outcome have already been decided by a conclusive authority, then such questions cannot be called as “substantial questions of law”. In any case, no substantial question of law exists in the present matter, which needs reference to a larger bench. SHRIMANTH BALASAHEB PATIL v. HON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY [N. V. RAMANA, J.] 153. In view of the discussion above, we pass the following order: 1. Orders dated 25.07.2019 and 28.07.2019 passed by the Speaker in Disqualification Petition Nos. 1, 3, 4, 5, 7 and 8 of 2019, are upheld to the extent of the disqualification of the Petitioners therein. 2. However, the part of Speaker’s orders detailing the duration of disqualification, viz., from the date of the respective order till the expiry of the term of the 15 th Legislative Assembly of Karnataka, is accordingly set aside. 154. The Writ Petitions are disposed of in the afore-stated terms. All pending applications are also accordingly disposed of. Divya Pandey Writ Petitions disposed of.