SK Law House Legal Articles
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Articles tagged #TenthSchedule
Speaker's Inquiry Under Article 190(3)(b) Limited to Voluntary Nature of MLA Resignation, Not Political Motives: Madras High Court (2026:MHC:4196)
In Agri S.S. Krishnamurthy v. The Speaker, Tamil Nadu Legislative Assembly & Ors. (2026:MHC:4196), a Division Bench led by Chief Justice S.A. Dharmadhikari held that Article 190(3)(b) verification is confined to checking whether an MLA's resignation is genuine and voluntary, independent of Tenth Schedule petitions.
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Anti-Defection Law and MLA Resignations: Can Resignation Nullify Tenth Schedule Disqualification? Madras High Court Sets Strict Two-Month Mandate for Assembly Speaker
In a landmark constitutional ruling, the Madras High Court First Division Bench has held that an MLA's resignation does not wipe out pending Tenth Schedule disqualification proceedings, directing the Tamil Nadu Assembly Speaker to decide disqualification petitions within two months to uphold constitutional trust.
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