The political party and NOT the legislature party appoints the Whip and the Leader of the party in the House.“SC cannot ordinarily adjudicate petitions for disqualification”: Speaker must decide disqualification petitions within a reasonable period, SC refuses to decide on disqualification pleas.The court further says, “The Governor ought to apply his mind before to assess if the Government seemed to have lost the confidence of the House.” CONCLUSION “Communication by some MLAs expressing discontent is not sufficient for the Governor to call for a floor test,” says the Supreme Court. Floor test cannot be used as a medium to resolve internal party disputes or intra-party disputes.Ĩ. The political imbroglio in Maharashtra arose as a result of differences within the Shiv Sena. Any decision of the Speaker will be subject to judicial review by the court.ħ.Speaker can accordingly allow the plea or reject it. The Speaker should decide if the application is bonafide or intended only to evade adjudication.The Speaker has discretion to rule on the application that asks them to refrain from deciding on disqualification while the plea for their removal is pending.

The Supreme Court laid down the procedure for the Speaker in the interim:

In contrast, Nabam Rebia doubts the ability of the Speaker to remain neutral while deciding disqualification petitions after a notice for his removal has been issued,' the SC said.Ģ. The decision in Kihoto Hollohan holds that there is no reason to doubt the independence and impartiality of the Speaker when adjudicating on proceedings under the Tenth Schedule. 'Nabam Rebia is in conflict with the judgment in Kihoto Hollohan. The Supreme Court explained why the 2016 verdict regarding power of the Speaker needs to be referred to a seven-judge bench. READ | Maharashtra political crisis: Shinde govt to stay as SC says can't give relief to Uddhav Thackerayġ.

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