The Free Press Journal

Can Dy Speaker be selected by CM, asks state BJP MLA

- STAFF REPORTER Mumbai

BJP MLA Girish Mahajan has moved the Supreme Court against the Bombay High Court order dismissing his plea challengin­g the validity of new rules of 'open voting method' to elect the Speaker and Deputy Speaker of the state Assembly respective­ly. Mahajan, in the PIL, has alleged that the notificati­on dated December 23, 2021 was “illegally and arbitraril­y” issued by the state government amending Rules 6 and 7 of the Maharashtr­a Legislativ­e Assembly Rule, 1960, under which the secret ballot method was replaced with an open vote system through voice vote and show of hands.

The appeal filed through advocates Abhikalp Pratap Singh and Siddharth Dharmadhik­ari said that the Bombay High Court has dismissed on March 9 the PIL filed by petitioner Mahajan that raised several substantia­l questions of laws having an impact on the general public at large. The appeal questioned whether Maharashtr­a Assembly Rules, 1960, are procedures establishe­d by law as held by this court in a plethora of cases. “Whether the Governor of State has discretion­ary powers insofar as fixing the date for the election of the Speaker and Deputy Speaker of the State Legislativ­e Assembly is concerned?” the appeal said. It said that another substantia­l question of law raised is whether the chief minister of a state can exercise any power under the Constituti­on of India without aid and advice of the council of ministers?

The appeal further said, “Whether the Deputy Speaker of the Legislativ­e Assembly can be selected by the chief minister of state? The petitioner furthermos­t respectful­ly states that the Speaker and Deputy Speaker have a significan­t role in healthy functionin­g of the democratic process in the state and they are constituti­onally expected to be free, fair and nonpartisa­n persons operating above any political party,” it said. The appeal added that the office of Speaker of Assembly has a duty to be impartial and unbiased to keep the trust of the general public in the process of democracy. “Further, the Speakers/Chairmen hold a pivotal position in the scheme of Parliament­ary democracy and are guardians of the rights and privileges of the House. They are expected to and do take farreachin­g decisions in the functionin­g of Parliament­ary democracy,” the appeal said.

Mahajan through his appeal said that the MLA rules are procedures establishe­d by law and cannot be derogated by the Assembly and such rules can only be amended as per the procedure establishe­d under the rules as applicable in the Maharashtr­a Assembly.

 ?? ??
 ?? ??

Newspapers in English

Newspapers from India