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Business News/ Politics / Policy/  SC declines interim relief to disqualified Uttarakhand MLAs
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SC declines interim relief to disqualified Uttarakhand MLAs

The Supreme Court Wednesday refused to grant any relief to the nine rebel Congress MLA in Uttarakhand who have joined ranks with the BJP

The MLAs had moved the Supreme Court on Tuesday for permission to attend the assembly session that begins on 21 July. Photo: MintPremium
The MLAs had moved the Supreme Court on Tuesday for permission to attend the assembly session that begins on 21 July. Photo: Mint

New Delhi: The Supreme Court Wednesday refused to grant any relief to the nine rebel Congress members of legislative assembly (MLA) in Uttarakhand who have joined ranks with the Bharatiya Janata Party (BJP).

The MLAs had moved the top court on Tuesday for permission to attend the assembly session that begins on 21 July. Alternatively, they sought to defer a motion for removal of speaker Govind Singh Kunjwal that the nine defectors had introduced along with 25 MLAs of the BJP.

A bench comprising justices Dipak Misra and Rohinton F. Nariman, however, agreed to hear the plea expeditiously.

“We are inclined to state that if a motion moved by the petitioners for removal of speaker is moved, the same shall be subject to final adjudication," the bench said.

“All issues including jurisdiction shall be subject to adjudication," the court added, when lawyers for the speaker and the Congress party said the apex court may not have jurisdiction to decide on the validity of removal of speaker.

The rebels’ petition followed the court’s constitution bench ruling in the Arunachal Pradesh assembly case. On 13 July, in a unanimous verdict, the bench led by justice J.S. Khehar termed governor J.P. Rajkhowa’s dismissal former chief minister Nabam Tuki unconstitutional.

Justice Dipak Misra, also on the bench, while agreeing with the verdict wrote a separate judgment. He discussed the contours of the power held by the speaker of a legislative assembly and held that a speaker, who is facing a motion for removal, cannot disqualify members of the assembly.

“When there is an expression of intention to move the resolution to remove him, it is requisite that he should stand the test and then proceed," justice Misra said in the verdict.

“It would be an anathema to the concept of constitutional adjudication, if the Speaker is allowed to initiate proceeding under the Tenth Schedule of the Constitution after intention to remove him from his office is moved," he added.

In the Uttarakhand assembly, a motion for removal of speaker Kunjwal was pending when the nine rebels were disqualified.

Lawyer Kapil Sibal, who told the court that a review has been filed, said that the judgement renders anti-defection laws useless.

“The verdict incapacitates the speaker’s office to take actions under the tenth schedule," he said.

The tenth schedule gives the speaker powers to disqualify members for defection.

Congress and the rebel MLAs traded charges in court on whether the motion on the speaker’s actions preceded the defection by the MLAs.

The Centre in March brought Uttarakhand under President’s rule following a political crisis. The Harish Rawat-led Congress government was reinstated in May after the Supreme Court ordered a trust vote on the floor of the assembly.

Subsequently, nine rebel Congress MLAs were disqualified by Kunjwal for backing the BJP. The Uttarakhand high court upheld the speaker’s 27 March decision to disqualify the MLAs, after which an appeal was filed before the Supreme Court.

Separately, former Arunachal Pradesh assembly speaker Nabam Rebia moved the Supreme Court seeking a review of the 13 July verdict — specifically on the part of judgement dealing with the powers of the speaker.

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Published: 20 Jul 2016, 04:07 PM IST
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