Speaker’s tribunal keeps judgment on disqualification case in abeyance
The Manipur HC settled that the order passed by tribunal without hearing the parties or their counsels will be rendered “bad in law” for violating the principles of natural justice and provisions of Article 14 of the Indian Constitution. As an interim measure and in order to avoid f
A single bench of High Court of Manipur in the matter pertaining to Assembly speaker's proceeding without prior notice being given to respondents and passing of judgment on relevant document, has directed the tribunal to keep judgment on disqualification case in abeyance.
Looking into the preponement of the speaker's tribunal on disqualification cases and passing judgment, the single bench settled that the order passed by tribunal without hearing the parties or their counsels will be rendered “bad in law” for violating the principles of natural justice and provisions of Article 14 of the Indian Constitution. As an interim measure and in order to avoid further complications in the disposal of the petitions pending before the speaker, the High Court directed the judgment which is reserved and to be pronounced shall be kept in abeyance.
Before the single bench of justice Kh Nobin, senior advocate of the petitioner submitted that the manner in which the notice issued on June 17 is unfair, unreasonable and illegal for the reason that the speaker’s tribunal informed the petitions would be taken up on June 22 as he was unwell. But on the late night of June 17, a message was received of preponing proceedings on June 18. Although copies thereof were not officially received and reasons for which petitions were re-scheduled were not disclosed. Such notices should be quashed and set aside, said the high court.
It is also submitted that the speaker may pass any order on the basis of his wisdoms either in favour of the petitioners or in favour of the respondents therein but the manner in which matters were being preceded by the Speaker was “unfair and unreasonable” stated the court.