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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.
“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.”
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.
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
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.
by Uday Shankar†
Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Chief Judicial Magistrate, Thiruvananthapuram,
Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J., allowing the present petition, discussed the
by Uday Shankar*
Rajasthan High Court: A Division Bench of Indrajit Mahanty, CJ and Prakash Gupta, J., directs ‘status quo’ to be maintained in the case
Supreme Court: The bench of Dr. DY Chandrachud and Hemant Gupta, JJ has held that the Madhya Pradesh Governor was right in
Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ has requested the Karnataka Speaker to