Supreme Court Issued Notice to Speaker to Decide on Disqualification of MLAs

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Anti defection law(Tenth Schedule) was inserted to maintain the integrity and to minimize the political crisis. But the tenth schedule provides absolute power to the speaker to disqualify the MLA but no time limit has been given to them. If we delve into the facts of Rajasthan political crisis, the speaker disqualified Sachin Pilot and along with 18 other MLAs but in Goa political crisis, the speaker does not decide the disqualification of MLA although the petition was filed on May 5, 2019, no action has been taken till now. In Girish Chodankar v. Goa State Legislative Assembly and ors, the petition filed against the speaker of the Legislative Assembly of Goa that has abandoned his jurisdiction and duty to decide disqualification petition.

 

He pleads that in Keisham Meghachandra Singh v. Hon'ble Speaker Manipur Legislative Assembly and ors, the Supreme Court held that Speaker is required to decide the petition of disqualification within a reasonable period of time and if there are no exceptional circumstances then within the period of 3 months. He also pleaded that the aforesaid timeline as prescribed in law has been breached by the speaker. This is a flagrant violation of the principle of natural justice and rule of law as traceable to Article 14 of the Constitution of India as a result of which, the supreme court issued a notice on a plea by Maharashtrawadi Gowantak Party (MGP) leader seeking direction to Goa assembly speaker to decide on disqualification.

 

 

 

 

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