Hyderabad: In a far-reaching decision, the Supreme Court on Tuesday referred a key issue on whether or not higher courts can give directions to a Speaker of Assembly on matters of deciding disqualification petitions to a five-member Constitutional Bench.
A two-judge Bench comprising Justices R.K. Agarwal and Rohington Fali Nariman, was hearing a petition filed by Telangana Congress Legislator Mr S.A. Sampath Kumar seeking direction to the Speaker of the Assembly to dispose of the petition sought to disqualify that seven Congress party MLAs who had crossed over to the ruling TRS party.
An earlier Bench has given time to the Speaker till Tuesday (Nov. 8) to inform them by what time he would dispose of the pending petitions. However, when the matter came up for hearing on Tuesday before the current Bench, TS attorney general Mr Mukul Rohatgi, appearing on behalf of the Secretary Legislature, contended that the courts cannot intervene into the matter as it was still pending with the Speaker.
He argued that as per the 10th Schedule of the Statute, it was up to the Speaker to decide on the matter and the courts had no authority to interfere during the hearing.
Cannot close eyes to what’s going on: Supreme Court
Whatever may be the time factor, the courts cannot decide on it, Attorney-General Mukul Rohatgi argued. “The matter is pending with the Speaker, he alone has to decide, you (court) cannot give any direction on a time limit for the Speaker, you can interfere on the decision of the Speaker, but not during the process. You cannot direct him to do that and do this,” the Attorney-General stated.
Disagreeing with the argument, the Bench questioned that a matter cannot be pending before the Speaker for years together. “We cannot close our eyes to the happenings on the ground, even after the passing of 2.5 years, the matter is still under the Speaker’s examination; where is the guarantee that he will decide the issue even after another two years?” the Bench asked.
However, the Bench permitted withdrawal of its earlier directions to the Speaker (when he would dispose the petitions) and referred the matter to the Constitutional Bench to decide.
