Kihoto Hollohan Case

Why is it in news?
  • Political crisis in Rajasthan has triggered debate around anti defection law.
Kihoto Hollohan Judgement:
  • The SC held that in case of disqualification MLAs/MPs judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman and a quia timet action would not be permissible.
  • Nor would interference be permissible at an interlocutory stage of the proceedings.
  • The only exception for any interlocutory interference being cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.
Posted by Jawwad Kazi on 17th Jul 2020
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