Supreme Court directs MP Speaker to decide MLA disqualification petition against Nirmala Sapre within two months
- Case
- Nirmala Sapre v. Speaker, Madhya Pradesh Legislative Assembly
- Statutes
- Constitution of India — s.Tenth Schedule
- Source
- LiveLaw
In Nirmala Sapre v. Speaker, Madhya Pradesh Legislative Assembly, the Supreme Court directed the Speaker of the Madhya Pradesh Legislative Assembly to decide a disqualification petition filed by a Congress leader against MLA Nirmala Sapre within two months. The petition sought Sapre's disqualification under the Tenth Schedule of the Constitution of India.
Ratio Decidendi · Legal Principle Established
The Supreme Court reiterated that Speakers of Legislative Assemblies must decide disqualification petitions under the Tenth Schedule of the Constitution within a reasonable time frame, generally two to three months, to prevent undue delays and uphold constitutional principles.
Practice & Procedural Impact for Advocates
Advocates should file applications for expeditious disposal of disqualification petitions if the Speaker delays. Litigants should be aware that the Supreme Court can set timelines for Speakers to decide such petitions, ensuring timely resolution.
Key Legal Takeaways
- 1Speakers must decide disqualification petitions within a reasonable time.
- 2The Supreme Court can intervene to set deadlines for Speakers.
- 3Undue delay in deciding disqualification petitions is not permissible.