From CK Nayak | NEW DELHI: Somnath Chatterjee, known for his reputation as a guardian of parliamentary propriety, has said the office of the Speaker can neither suspend any MLA from the House nor invalidate a legislator's vote and that court order is binding on the head of the legislature.
"It is only the House which can suspend a member only through a resolution moved on the floor of the Assembly; that too after following due procedure and giving time to the member to explain (his position)," Mr Chatterjee told journalists at his residence here on Monday.
Under the 10th Schedule of the Constitution, there is no power of the Speaker to suspend a House member or invalidate his vote. The Governor also cannot issue any directive to the Speaker, Mr Chatterjee said.
The comments of Mr Chatterjee, who is also a former lawyer, assume significance in view of the controversy over the recent interim suspension of five MLAs by Meghalaya Assembly Speaker Bindo M Lanong and Meghalaya Governor Ranjit Shekhar Mooshahary's directives to Mr Lanong ahead of the March-17 trial of strength of the Meghalaya Progressive Alliance (MPA) Government.
Mr Mooshahary had sent a message to the Speaker for "smooth conduct of the trust vote" of the MPA Government while Mr Lanong suspended five MLAs from the House for "violating the provisions of the 10th Schedule of the Constitution."
Though the Gauhati High Court (HC) later stayed suspension of two of the five legislators, Mr Lanong declared that he would not abide by the HC order, saying the HC order was not binding on him. The Meghalaya Assembly Speaker also said "the authority of the Speaker cannot be usurped by any other authority."
Mr Chatterjee, however, made it clear that the office of the Speaker was not above the judiciary and that he (Speaker) had to abide by the court order. "The law of the land is applicable to all and nobody is above the Constitution," he said.
The veteran leader was, however, pained at the growing tussle between the three pillars of democracy -- Executive, Legislature and Judiciary. "Nobody should cross the Laxman Rekha," he warned. Replying to a question, Mr Chatterjee said the only one MLA of a party could not be disqualified or suspended. He was referring to the lone KHNAM legislator Paul Lyngdoh who was among the five MLAs suspended by the Meghalaya Assembly Speaker.
"Suspension or disqualification of a member can be done only after considering a communication from the leader of the party concerned and factual positions. Similarly, Independents do not fall under disqualification unless they join a political party formally. Merely joining a coalition does not make them members of a political party," Mr Chatterjee added.
MPA files writ petition in SC
Purno calls off stir; UDP rally on Saturday
By Our Reporter
SHILLONG: NCP general secretary Purno A Sangma on Monday temporarily withdrew his proposed hunger strike against President's rule and expressed confidence that the Supreme Court would rule in favour of MPA enabling it to return to power soon.
MPA filed a writ petition in the apex court on Monday, challenging the imposition of President's rule (PR) in the State.
Mr Sangma postponed for the time being his proposed hunger strike against Central rule from Wednesday on request of leaders of North East People's Forum (NEPA) and instead decided to aggressively campaign against Congress in the North-East and other parts of the country in the coming Lok Sabha elections.
"I have temporarily postponed the proposed hunger strike, after leaders of NEPA asked me to review my earlier decision. At the moment, I have decided to go on an aggressive campaign against Congress in the whole region and other parts of the country as a mark of protest against PR in the State," Mr Sangma said at a news conference here.
The NCP leader would leave for Delhi on Tuesday to meet the team of lawyers led by Ram Jethmalani and discuss with them the writ petition filed by MPA in the Supreme Court.
"The Supreme Court would rule in favour of MPA and we (MPA) will come back to power very soon," Mr Sangma said.
Meanwhile, former Chief Minister Dr Donkupar Roy said UDP would hold a public rally at Malki ground on Saturday against PR.
MPA files writ in SC: Meanwhile, the MPA's writ petition had already been registered in Supreme Court, our New Delhi correspondent adds.
The petition said that Central rule was imposed even though the erstwhile alliance government " survived the trust vote".
The petition maintained the Governor misused his power by taking the drastic step and there was no breakdown of the Constitutional machinery in the State. "Imposition of President's rule in the State is unconstitutional and illegal and should be revoked and popular Government should be restored," the petition said. The writ petition was signed by Purno A Sangma, Dr Donkupar Roy, former Deputy Chief Minister, HS Lyngdoh and Conard Sangma.
According to MPA sources, the writ petition was filed by Supreme Court lawyer Amit Kumar on behalf of the MPA, while distinguished lawyer Ram Jethmalani will argue when the writ petition comes for hearing. The writ would be listed for hearing day on Tuesday. The two special leave petitions would be filed by Manas Chaudhuri, AL Hek, Conard Sangma and Don Massar (all former Ministers) later.
Prohibitory orders imposed The East Khasi Hills district administration has promulgated prohibitory orders under Section 144 CrPC banning holding of hunger strike, procession, rally, etc in the district. East Khasi Hills Deputy Commissioner Bhalang Dhar said the prohibitory orders had been issued as per instructions from the Election Commission in view of the model code of conduct for the April-16 Lok Sabha elections.
Source: The Shillong Times
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"It is only the House which can suspend a member only through a resolution moved on the floor of the Assembly; that too after following due procedure and giving time to the member to explain (his position)," Mr Chatterjee told journalists at his residence here on Monday.
Under the 10th Schedule of the Constitution, there is no power of the Speaker to suspend a House member or invalidate his vote. The Governor also cannot issue any directive to the Speaker, Mr Chatterjee said.
The comments of Mr Chatterjee, who is also a former lawyer, assume significance in view of the controversy over the recent interim suspension of five MLAs by Meghalaya Assembly Speaker Bindo M Lanong and Meghalaya Governor Ranjit Shekhar Mooshahary's directives to Mr Lanong ahead of the March-17 trial of strength of the Meghalaya Progressive Alliance (MPA) Government.
Mr Mooshahary had sent a message to the Speaker for "smooth conduct of the trust vote" of the MPA Government while Mr Lanong suspended five MLAs from the House for "violating the provisions of the 10th Schedule of the Constitution."
Though the Gauhati High Court (HC) later stayed suspension of two of the five legislators, Mr Lanong declared that he would not abide by the HC order, saying the HC order was not binding on him. The Meghalaya Assembly Speaker also said "the authority of the Speaker cannot be usurped by any other authority."
Mr Chatterjee, however, made it clear that the office of the Speaker was not above the judiciary and that he (Speaker) had to abide by the court order. "The law of the land is applicable to all and nobody is above the Constitution," he said.
The veteran leader was, however, pained at the growing tussle between the three pillars of democracy -- Executive, Legislature and Judiciary. "Nobody should cross the Laxman Rekha," he warned. Replying to a question, Mr Chatterjee said the only one MLA of a party could not be disqualified or suspended. He was referring to the lone KHNAM legislator Paul Lyngdoh who was among the five MLAs suspended by the Meghalaya Assembly Speaker.
"Suspension or disqualification of a member can be done only after considering a communication from the leader of the party concerned and factual positions. Similarly, Independents do not fall under disqualification unless they join a political party formally. Merely joining a coalition does not make them members of a political party," Mr Chatterjee added.
MPA files writ petition in SC
Purno calls off stir; UDP rally on Saturday
By Our Reporter
SHILLONG: NCP general secretary Purno A Sangma on Monday temporarily withdrew his proposed hunger strike against President's rule and expressed confidence that the Supreme Court would rule in favour of MPA enabling it to return to power soon.
MPA filed a writ petition in the apex court on Monday, challenging the imposition of President's rule (PR) in the State.
Mr Sangma postponed for the time being his proposed hunger strike against Central rule from Wednesday on request of leaders of North East People's Forum (NEPA) and instead decided to aggressively campaign against Congress in the North-East and other parts of the country in the coming Lok Sabha elections.
"I have temporarily postponed the proposed hunger strike, after leaders of NEPA asked me to review my earlier decision. At the moment, I have decided to go on an aggressive campaign against Congress in the whole region and other parts of the country as a mark of protest against PR in the State," Mr Sangma said at a news conference here.
The NCP leader would leave for Delhi on Tuesday to meet the team of lawyers led by Ram Jethmalani and discuss with them the writ petition filed by MPA in the Supreme Court.
"The Supreme Court would rule in favour of MPA and we (MPA) will come back to power very soon," Mr Sangma said.
Meanwhile, former Chief Minister Dr Donkupar Roy said UDP would hold a public rally at Malki ground on Saturday against PR.
MPA files writ in SC: Meanwhile, the MPA's writ petition had already been registered in Supreme Court, our New Delhi correspondent adds.
The petition said that Central rule was imposed even though the erstwhile alliance government " survived the trust vote".
The petition maintained the Governor misused his power by taking the drastic step and there was no breakdown of the Constitutional machinery in the State. "Imposition of President's rule in the State is unconstitutional and illegal and should be revoked and popular Government should be restored," the petition said. The writ petition was signed by Purno A Sangma, Dr Donkupar Roy, former Deputy Chief Minister, HS Lyngdoh and Conard Sangma.
According to MPA sources, the writ petition was filed by Supreme Court lawyer Amit Kumar on behalf of the MPA, while distinguished lawyer Ram Jethmalani will argue when the writ petition comes for hearing. The writ would be listed for hearing day on Tuesday. The two special leave petitions would be filed by Manas Chaudhuri, AL Hek, Conard Sangma and Don Massar (all former Ministers) later.
Prohibitory orders imposed The East Khasi Hills district administration has promulgated prohibitory orders under Section 144 CrPC banning holding of hunger strike, procession, rally, etc in the district. East Khasi Hills Deputy Commissioner Bhalang Dhar said the prohibitory orders had been issued as per instructions from the Election Commission in view of the model code of conduct for the April-16 Lok Sabha elections.
Source: The Shillong Times
.::. All my articles can be view here: MELTED HEARTS .::.
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