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Hon'ble The Chief Justice

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W.P.(C) No. 493/2022

SUBHASH DESAI VS PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA

 The Supreme Court held that the Speaker must recognise the whip and leader of the legislature party as appointed by the concerned political party. In the event of a split, the Speaker can decide if MLAs of any faction ought to be disqualified and the Election Commission can decide who can use the party’s symbol. Both these decisions can be taken concurrently and neither the Speaker nor the Election Commission needs to wait for the other’s decision.The Supreme Court held that except in extraordinary cases, neither the High Courts nor the Supreme Court can decide disqualification proceedings under the Tenth Schedule of the Constitution. The Court further held that an MLA had the right to participate in legislative proceedings while disqualification petitions are pending against them and the validity of decisions taken by the legislature cannot be questioned merely because disqualification petitions were pending against certain members.The Supreme Court ruled that a Governor is only justified in calling a person to prove their majority on the floor of the legislature if the Governor has reasons to believe, based on objective material, that such a person has lost the confidence of the majority of the legislature.On the issue of whether the Speaker can decide disqualification proceedings when a notice for the Speaker’s removal is pending, the correctness of the decision in Nabam Rebia was referred to a larger Bench of seven judges. Until the issue is decided by seven judges, the Court held that the Speaker has the authority to examine whether a motion for their removal was genuine or merely intended to stop them adjudicating disqualification proceedings. If the Speaker found the removal motion to be genuine, then they could pause the disqualification proceedings till the decision on the Speaker’s removal was concluded. Else, the Speaker could reject the motion. The judgment of the Court was unanimous and authored by Chief Justice Chandrachud.

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March 6 1964

Civil Appeal/79/1962

Hon'ble Justice P. B. GAJENDRAGADKAR C.J., K. N. WANCHOO, J. c. SHAH, N. RAJAGOPALA AYYANGAR AND S. M. SIKRI

PENU BALAKRISHNA IYER AND ORS Vs. SRI ARIY A M. RAMASW AMI IYER AND ORS.


March 6 1964

Civil Appeal/79/1962

Honourable Judge P. B. GAJENDRAGADKAR C.J., K. N. WANCHOO, J. c. SHAH, N. RAJAGOPALA AYYANGAR AND S. M. SIKRI

PENU BALAKRISHNA IYER AND ORS Vs. SRI ARIY A M. RAMASW AMI IYER AND ORS.


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April 29 2021

CRLP/2860/2020

Hon'ble Justice R RAGHUNANDAN RAO

PATURI PRASHANTI Vs. THE STATE OF ANDHRA PRADESH


April 29 2021

CRLP/2860/2020

Honourable Judge R RAGHUNANDAN RAO

PATURI PRASHANTI Vs. THE STATE OF ANDHRA PRADESH


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Hon'ble Sri Justice Prashant Kumar Mishra

Hon'ble Sri Justice Prashant Kumar Mishra

The First Chief Justice of the High Court of Andhra Pradesh Amaravati elevated to the Supreme Court of India

Born on August 29, 1964 at Raigarh (Chhattisgarh). Took B.Sc. and LL.B Degrees from Guru Ghasidas University, Bilaspur (Chhattisgarh). Enrolled as an Advocate on September 4, 1987. Practiced law in District Court at Raigarh, High Court of Madhya Pradesh at Jabalpur and High Court of Chhattisgarh at Bilaspur and dealt with Civil, Criminal and Writ branches of law. Was designated as Senior Advocate by High Court of Chhattisgarh in January, 2005. Had been Chairman of Chhattisgarh State Bar Council. Was appointed/co-opted Member of the Rule Making Committee of High Court of Chhattisgarh. Had been Chancellor’s Nominee in the Executive Council of Guru Ghasidas University, Bilaspur. Was associated with Hidayatullah National Law University, Raipur (Chhattisgarh) as its Ex-Officio Member in the Executive Council. Served as Additional Advocate General for the State of Chhattisgarh from June 26, 2004 to August 31, 2007 and thereafter as Advocate General for the State from September 1, 2007 till elevation. Elevated as a Judge of High Court of Chhattisgarh on December 10, 2009. Was Acting Chief Justice of High Court of Chhattisgarh from 01.6.2021 to 11.10.2021. Appointed as Chief Justice of High Court of Andhra Pradesh and assumed on 13.10.2021.
Elevated as Judge of the Supreme Court of India on May 19, 2023