PADI KAUSHIK REDDY ETC.versusTHE STATE OF TELANGANA AND OTHERS ETC.
2025 INSC 91231 July 2025Appeal(s) allowed
Three BRS MLAs who were elected to the Telangana Legislative Assembly joined the INC, prompting two other BRS MLAs to file disqualification petitions under the Tenth Schedule. The Speaker delayed issuing notices for over seven months, leading the petitioners to approach the High Court, which only directed the Speaker t…
UNION OF INDIAversusRAJENDRA N. SHAH AND ANOTHER
2021 INSC 34020 July 2021Disposed off
The Union of India challenged the Constitution (Ninety‑Seventh Amendment) Act, 2011 which inserted Part IXB (Arts.243ZH‑243ZT) on cooperative societies, arguing that it curtails the exclusive legislative power of States under Entry 32, List II and therefore required ratification by at least half of the States under Art…
SRI RAJENDRA SINGH RANA AND ORS.versusSWAMI PRASAD MAURYA AND ORS.
2007 INSC 13914 February 2007Disposed off
In 2003, thirteen Uttar Pradesh MLAs elected on the Bahujan Samaj Party (BSP) ticket met the Governor and asked him to invite the Samajwadi Party to form the government, thereby voluntarily relinquishing their BSP membership. The BSP leader filed a petition under Article 191 read with paragraph 2 of the Tenth Schedule …
SHRIMANTH BALASAHEB PATILversusHON’BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS
2019 INSC 123713 November 2019Disposed off
The petitioners, elected members of the 15th Karnataka Legislative Assembly, tendered resignations after being accused of defying party whips, but the Speaker rejected their resignations and disqualified them under the Tenth Schedule, imposing a ban lasting until the end of the Assembly term. The Supreme Court examined…
KIHOTO HOLLOHANversusZACHILLHU AND OTHERS
1991 INSC 28712 November 1991Disposed off
The Supreme Court heard a batch of petitions challenging the constitutionality of the Constitution (Fifty‑Second Amendment) Act, 1985, which inserted the Tenth Schedule (anti‑defection law). The key disputes were whether Paragraph 7 of the Schedule, which bars all courts from hearing any matter relating to a member’s d…
SUBHASH DESAIversusPRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS.
2023 INSC 51611 May 2023Disposed off
After the 2019 Maharashtra elections a coalition government (MVA) led by Uddhav Thackeray collapsed in mid‑2022 when the Shiv Sena split into two factions headed by Thackeray and Eknath Shinde. The Governor, relying on letters from opposition leaders and a resolution of 34 Shiv Sena MLAs, directed Thackeray to prove hi…
RAVI S. NAIK AND SANJAY BANDEKAR AND ANR.versusUNION OF INDIA AND ORS.
1994 INSC 579 February 1994Dismissed
The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a split in the party th…