Rejecting A Plea For Disqualification Of MLA By The Speaker

On Monday, the Rajasthan High Court set aside the order of the Speaker who had rejected the petition of a BJP MLA Madan Dilawar who was seeking the disqualification of the 6 BSP MLAs who had merged with Congress on 2019. The Bench was being preceded by Justice Mahendra Kumar Goyal who differed with this decision of the Speaker Dr. CP Joshi of rejecting the petition on technical grounds.

The Speaker argued that he had done so in accordance with Rule 6 (7) of the 6 of the Rajasthan Assembly Members (Disqualification on the Grounds of Defection) Rules of 1989.

The Court took into consideration some Supreme Court precedents like Orissa Legislative Assembly vs. Utkal Keshari Parida[1] and Dr. Mahachandra Prasad Singh vs. Chairman, Bihar Legislative Council & Ors.[2], which says that any individual interested has to bring the factum of disqualification of any member of the House and it is the duty of the Speaker to take a decision of that matter.

The Court held that the BSP member has the right to raise the plea of disqualification of any member before the Speaker. Accordingly, the Court expects the Speaker to take a decision on the matter in a given period of 3 months like in the case of Keisham Meghachandra Singh vs. the Hon’ble Speaker, Manipur Legislative Assembly.

However, the Court establishes that it will not adjudicate on the correctness of the passed by the Speaker. “Since, the order dated 18.9.2019 has been held to be an administrative order and not an order under paragraph 4 of the Tenth Schedule, this Court refrains itself from venturing into the question of its validity qua the parameters laid down therein” was held by the Court.

[1] (2013) 11 SCC 794

[2] (2004) 8 SCC 747