Disqualified MLAs seek SC’s nod to attend assembly

The Nainital High Court had upheld the decision of the Assembly speaker Govind Singh Kunjwal to disqualify nine MLAs including former Chief Minister Vijay Bahuguna and two sets of appeal are pending in the apex court against the disqualification. Referring to para 175 of the landmark verdict of the Supreme Court, re-installing the Congress government in Arunachal Pradesh, the MLAs have said that Article 179 (c) of the constitution disentitles the speaker against whom a resolution for removal is pending from disqualifying any member of the House.

The five-judge constitution bench headed by Justice J S Khehar had said, “We are satisfied, that the words ‘passed by a majority of all the then members of the Assembly’, would prohibit the Speaker from going ahead with disqualification proceedings under the Tenth Schedule, as the same would negate the effect of the words ‘all the then members’, after the disqualification of one or more MLAs from the House. 

“The words “all the then members”, demonstrate an expression of definiteness. Any change in the strength and composition of the Assembly, by disqualifying sitting MLAs, for the period during which the notice of resolution for the removal of the Speaker (or the Deputy Speaker) is pending, would conflict with the express mandate of Article 179(c), requiring all “the then members” to determine the right of the Speaker to continue.” 

Relying on the observation, the disqualified MLAs have sought setting aside of Speaker’s March 27, 2016 decision to disqualify them. Alternatively, they have sought permission to take part in the assembly session.