Verma, J. - (1.) These appeals, by special leave, arise from writ petitions Nos. 11 of 1992, 8 of 1992 and 70 of 1992, all dismissed by the Bombay High Court at the Goa Bench, merely on the ground of laches; and they involve for decision the common question relating to the power of review, if any, of the Speaker to review his decision on the question of disqualification of a Member of the House, rendered under the Tenth Schedule to the Constitution. In those writ petitions, the orders passed by the Speaker, in purported exercise of the power of review, setting aside the earlier orders of disqualification of certain Members made on merits by the Speaker, were challenged on the ground that the Speaker has no such power. of review. The High Court took the view, that the writ petitions were filed after considerable delay, and, therefore, upholding the preliminary objection, had to be dismissed merely on the ground of lachcs; and, therefore, merits of the contention that the Speaker had no such power of review was not considered. The main questions which arise for decision in these appeals are, therefore, two namely.(1) LACHES - Are the impugned orders of the High Court dismissing the writ petitions merely on the ground of laches susceptible to interference under Article 136 of the Constitution in the present case; and (2) POWER, OF REVIEW - If so, does the Speaker, acting as the authority under the Tenth Schedule of the Constitution, have no power of review, so that any order made by him in purported exercise of the power of review is a nullity
(2.) The further question of the consequence and nature of relief to be granted, would arise only if these questions are answered in favour of the appellants.
(3.) Ravi S. Naik, Ratnakar M. Chopdekar and Sanjay Bandekar were duly elected Members of the Goa Legislative Assembly in the elections held in November, 1989. On 25-1-1991, Ravi S. Naik assumed the office of the Chief Minister of the State of Goa and he formed his Council of Ministers, which included Chopdekar and Bandekar as Ministers. On the same day, i.e. on 25-1-1991, Dr. Kashinath Jalmi, also a Member of the Legislative Assembly, presented a petition to the Speaker, Surendra V. Sirsat seeking disqualification of Ravi S. Naik as a Member of the Legislative Assembly on the ground that he had voluntarily given up the Membership of his political party. On 15-2-1991, the Speaker, Surendra V. Sirsat passed an order under para 6 of the Tenth Schedule to the Constitution, disqualifying Ravi Naik on the ground of defection. On 16-2-1991, Ravi Naik filed writ petition No. 48 of 1991 at the Goa Bench of the Bombay High Court challenging the order of his disqualification, made by the Speaker under the Tenth Schedule to the Constitution. On 18-2-1991, the High Court passed an interim order in that writ petition staying operation of the order of disqualification made by the Speaker. During the pendency of this writ petition, on 27-2-1991, Simon Peter D'Souza was elected Deputy Speaker of the Goa Legislative Assembly; on 4-3-1991 Surendra V. Sirsat was removed from the office of Speaker and the Deputy Speaker, Simon Peter D'Souza began functioning as the Speaker in place of Surendra V. Sirsat. The same day, i.e. on 4-3-1991, Ravi S. Naik made an application to Simon Peter D'Souza, the Deputy Speaker functioning as the Speaker of the Goa Legislative Assembly, for review of the order dated 15-2-1991 of his disqualification made by the Speaker, Surendra V. Sirsat under the Tenth Schedule. On 8-3-1991, the Acting Speaker, Simon Peter D'Souza made an order, in purported exercise of the power of review under the Tenth Schedule, setting aside the order dated 15-2-1991 made by the Speaker, Surendra V. Sirsat disqualifying Ravi S. Naik as a Member of the Goa Legislative Assembly. Thereafter, Writ Petition No. 48 of 1991 filed by Ravi Naik challenging the order of his disqualification made by the Speaker on 15-2-1991 was dismissed as not pressed by him, on 22-4-1991.;