SC asks Parliament to rethink Speaker’s power to disqualify MLAs

The Supreme Court on Tuesday suggested the setting up of an independent mechanism to take decisions regarding the disqualification of members of legislative assemblies. A bench headed by Justice R

The Supreme Court on Tuesday suggested the setting up of an independent mechanism to take decisions regarding the disqualification of members of legislative assemblies.

A bench headed by Justice R F Nariman left it to the Parliament to rethink whether the Speaker of the House, also a member of a political party, should have the power to disqualify MLAs.

The apex court was hearing a petition filed by Congress leaders seeking the disqualification of MLA T Shyamkumar Singh from the Manipur Assembly under the anti-defection law.

Singh had contested the 2017 Manipur Assembly elections on a Congress ticket but was later sworn in as a minister of the BJP-led coalition government.

The Supreme Court has given the Manipur Speaker four weeks to decide on the petition, after which it granted the petitioners, Md Fajur Rahim and K Meghachandra, the liberty to approach it again if a decision was not taken.

The Manipur High Court had earlier disposed of their petitions, and refused to pass any order citing shortfalls of its jurisdiction under the tenth schedule.

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