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.