SC: Speaker erred by not deciding on disqualification

Making it clear that such a failure to exercise jurisdiction cannot be held to be covered by the shield of Tenth Schedule, the Bench even criticised the decision of the Speaker to accept the breakaway MLAs as a split in the party. 8220;He has also proceeded to accept the case of a split merely on a claim in that behalf. He has entered no finding whether a split in the original political party was prima facie proved or not,8221; added the Judges.

As the apex court approved the reasoning given in an earlier judgment in Jagjit Singh8217;s case, Justice P K Balasubramanyan, writing for the Bench, maintained: 8220;It has to be held that the Speaker has committed an error that goes to the root of the matter or an error that is so fundamental that even a limited judicial review of the order of the Speaker has to be interfered with.8221;