New Delhi: The Supreme Court on Thursday said for the legislature to disperse the law to dispose of disqualification petitions on time by the speaker or the chairman of the house in the tenth constitutional schedule.
Chairman of the Chief Judge and Ramana and As Judge Bopanna and Hrishikesh Roy said, “How can we frame the law? These are all parliamentary problems.” The court was hearing the request submitted by members of the West Bengesh Congress Committee, Ranajit Mukherjee who had been looking for direction instructions Guidelines for cleaning petition disqualification on time.
During hearing, Advocate Abhishek Jebaraj said the request was submitted to frame the guidelines for deciding the disqualification petition in a fixed time frame.
“We want the time frame to remain repaired because the speaker has sat on the disqualification petition and does not make a timely decision under the tenth schedule,” he said.
Cji Ramana said, “I have expressed my opinion in the case of Karnataka Mla.
This problem was raised in this regard and Senior Advocate Kapil Sibal has submitted his argument on the same lane.
We have left the decision to be taken by the parliament”.
Bench ask for the Petitioner’s advice whether to read the judgment.
Jebaraj said that he had not been through the verdict.
“You read the verdict and then returned.
We will hear this problem after two weeks,” Bench said.
On November 13, 2019, while dealing with MLA disqualification issues, the upper court said the speaker did not have the power to show how long the legislator would be disqualified or to limit him from the fighting selection.
It deals with the speaker’s decision where MLA is disqualified and is prohibited to fight with the current assembly which includes the selection of by being held for 15 seats in the state.
The top court refers to the carnataka assembly speaker when R Ramesh Kumar’s decision to disqualify 17 legislators until the end of the 15th legislative assembly period at this year in 2023.
While the top court has upheld disqualification, “…
it was clear that the speaker, in his strength training Under the tenth schedule, it does not have the power to show a period that someone is disqualified, or to make someone from the fighting selection “.
The APEX court said that the role of the speaker was very important in maintaining a balance between democratic values and constitutional considerations, but “there was a speaker trend that was increasingly acting against constitutional obligations”.
The responsibility of the constitution blessed by the speaker must be carefully followed and his political affiliation cannot come in the way of adjudication, he said.
In addition, political parties pamper themselves in the trade of horses and corrupt practices, because citizens are rejected by a stable government, he said.
“In this situation, parliament is required to reconsider strengthening certain aspects of the tenth schedule, so that non-democratic practices are discouraged,” said the top yesterday.
Only parliament can frame the law for disposal of disqualification petitions on time by speakers: SC
