NDLI: Speaker, Orissa Legislative Assembly Vs. Utkal Keshari Parida

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	disqualification Orissa Legislative Assembly
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987: rr. 6(1) and (2) - Petition for disqualification of Members of Legislative Assembly on ground of defection, filed by a person, who was President of State Unit of political party but was not a Member of Legislative Assembly - Held: Is maintainable - Although, sub-r. (2) of r. 6 provides that a petition in relation to a Member for the purposes of sub-r. (1) may be made in writing to the Speaker by any other Member, such a provision is neither contemplated nor provided for in the Tenth Schedule itself - In a case where all the four Members elected to the Assembly from the political party concerned, changed their allegiance from the said party to the ruling party, there would be no one to bring such fact to the notice of the Speaker and ask for disqualification of the said Members - Therefore, provisions of sub-rr. (1) and (2) of r. 6 . have to be read down to make it clear that not only a Member of the House, but any person interested, would also be entitled to bring to the notice of the Speaker the fact that a Member of the House had incurred disqualification under the Tenth Schedule -Constitution of India, 1950 - Tenth Schedule - Para 2(1)(a), 6 and 8 - Interpretation of Statutes - Reading. down a provision - Locus standi. Tenth Schedule - Provisions as to disqualification on A ground of defection - 52nd Amendment - Intent and objects of - Explained. Administrative Law: Delegated legislation - Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987 - Held: Being subordinate legislation, the Rules could not any provision which could have the effect of curtailing the content and scope of the substantive provision, namely, the Tenth Schedule to the Constitution of India, as otherwise, the very object of the introduction of the Tenth Schedule to the Constitution would be rendered meaningless - Constitution . of India, 1950 - Tenth Schedule - Para 2(1)(a), 6 and 8 - Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987 - rr. 6(1) and (2) - Doctrine of reading down.Consequent upon all the four elected members of the National Congress Party (NCP) in the Orissa Legislative Assembly joining the Biju Janata Dal (BJD), i.e., the ruling party in the State, the respondent-President of the State Unit of NCP filed four petitions before the appellant Speaker of the House seeking disqualification of the said elected members of NCP on ground of defection. According to the respondent, since the matter was being delayed, he filed a writ petition before the High Court for a direction to the Speaker to dispose of the disqualification petitions expeditiously. On the strength of sub-r. (2) of r. 6 of the Orissa Legislative Assembiy (Disqualification on Ground of Defection) Rules, 1987, an objection was taken regarding the maintainability of the writ petition at the instance of the respondent, who though being the President of the State Unit of the NCP, was not a Member of the Legislative Assembly. The High Court overruled the objection.
Judge	Honble Mr. Justice Altamas Kabir
Neutral Citation	2013 INSC 38
Petitioner	Speaker, Orissa Legislative Assembly
Respondent	Utkal Keshari Parida
SCR	[2013] 1 S.C.R. 348
Judgement Date	2013-01-17
Case Number	469

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Speaker, Orissa Legislative Assembly Vs. Utkal Keshari Parida

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