- (1.)We have heard learned senior counsels appearing on both sides and perusing the material available on record.
(2.)This Court is of opinion that the present batch of petitions raise important constitutional questions relating to interpretation of Schedule X of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review thereof.
(3.)At the outset, it may be necessary to highlight one particular question raised in these batch of matters relating to the power of the Speaker/Deputy Speaker to initiate disqualification proceedings, when proceedings for removal from the said office has been initiated against them. In Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1, a Constitution bench of this Court held as follows:
"193....We are, therefore, of the view that constitutional purpose and constitutional harmony would be maintained and preserved, if a Speaker refrains from adjudication of a petition for disqualification under the Tenth Schedule, whilst his own position, as the Speaker, is under challenge. This would also, allow the two provisions [Article 179(c) and the Tenth Schedule] to operate in their individual constitutional space, without encroaching on the other."