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january 2013

Supreme Court of India · 2013-01-17

SPEAKER, ORISSA LEGISLATIVE ASSEMBLY vs UTKAL KESHARI PARIDA

Citation / case number
SC 2012/37308
Court
Supreme Court of India
Petitioner
SPEAKER, ORISSA LEGISLATIVE ASSEMBLY
Respondent
UTKAL KESHARI PARIDA
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,J. CHELAMESWAR,VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court examined the powers of the Speaker of the Orissa Legislative Assembly under Rule 6(1) and (2) of the Members of Orissa Legislative Assembly (Disqualification On Ground Of Defection) Rules, 1987, in conjunction with the Tenth Schedule of the Constitution of India. The Court held that only a member of the Legislative Assembly can file a disqualification petition against another member, thereby affirming the procedural requirements set forth in the 1987 Rules. The Court dismissed the writ petition filed by the President of the State Unit of the NCP for lack of standing, as he was not a member of the Assembly.

SPEAKER, ORISSA LEGISLATIVE ASSEMBLY vs UTKAL KESHARI PARIDA · Niyam