Speaker Archives | SCC Times

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.

Case Briefs High Courts

Constitutional Courts cannot fix timeframe to decide genuineness/voluntariness of resignation tendered by Legislative Assembly members: Himachal Pradesh HC

The Speaker is an officer of the State Legislative Assembly, who presides and represents the House for all intents and purposes. Allegations of mala fide and arbitrary action, made against him cannot be accepted considering the high status of the office in a parliamentary system of democracy.

Himachal Pradesh six congress MLAs disqualified by speaker

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Himachal Pradesh| Six Congress MLAs who cross voted in BJP’s favour disqualified from Legislative Assembly by Speaker

“Compliance with procedural rules cannot be elevated to the level of a constitutional mandate, so much so that the substantive provision itself is defeated in the process of following the process.”

Case Briefs Supreme Court

SC Constitution Bench| Eknath Shinde v Uddhav Thackeray: Uddhav Thackeray faction seeks a 7-judge bench reference to reconsider 5-judge ‘Nabam Rebia’ verdict

Senior Advocate Kapil Sibal went on to argue that the ‘rebel’ MLA’s action was a misuse of the Nabam Rebia principle as this could mean that the disqualification proceedings could be stalled by merely sending a notice seeking the Speaker’s removal. He placed heavy reliance on Article 179 and 181 and the 10th Schedule of the Constitution of India. The hearing before the Supreme Court will continue tomorrow i.e., 15-02-2023.

Case Briefs High Courts

[Congress MPs Mass Resignation] Rajasthan High Court seeks decision of Speaker of the House in 10 days

Moot point for consideration in the case was to examine the total amount of time the Speaker of the House should take to discharge his statutory obligation. The Court granted 10 days’ time to file a reply

Case Briefs High Courts

Appointment of Delhi Legislative Assembly Secretary tainted with irregularities and illegalities; Delhi High Court upholds Siddharth Rao’s termination

Justice Chandra Dhari Singh observed that the entire saga of the series of appointments, absorption and promotion of Siddharth Rao, Secretary of Delhi Legislative Assembly, is tainted with irregularities and illegalities, de-hors the rules or due process of law, without approval by the competent authority and hence vitiated.