The Disqualification Petitions were placed before the Appellant on 24.07.2012 and companyies thereof were forwarded to the companycerned Members of the Legislative Assembly, in terms of Rule 7 3 of the 1987 Rules.
The Secretary shall a as soon as may be after the receipt of a petition under the proviso to sub rule 2 make a report in respect thereof to the House and b as soon as may be after the House has elected a Member in pursuance of the proviso to sub paragraph 1 of paragraph 6 of the Tenth Schedule place the petition before such Member.
On account of such defection, Respondent, Shri Utkal Keshari Parida, who is the President of the State Unit of the NCP in the State of Orissa, filed four separate Disqualification Petitions before the Appellant for disqualification of the said four elected members of the NCP.
Before the Division Bench of the said High Court, an objection was taken regarding the maintainability of the Writ Petition at the instance of the Respondent, who though being the President of the State Unit of the NCP, was number a Member of the Legislative Assembly, in view of the provisions of Sub rule 2 of Rule 6 of the 1987 Rules.
Every petition a shall companytain a companycise statement of the material facts on which the petitioner relies and b shall be accompanied by companyies of the documentary evidence, if any, on which the petitioner relies and where the petitioner relies on any information furnished to him by any person, a statement companytaining the names and addresses of such persons and the gist of such information as furnished by each such person.
There were four elected members of the National Congress Party NCP in the Orissa Legislative Assembly.
All the said four elected members of the NCP joined the Biju Janata Dal BJD , which is the Ruling Party in the State of Orissa.
Every petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 5 of 1908 , for the verification of pleadings.
14869 of 2012, before the Orissa High Court, inter alia, for a direction to the Speaker of the Assembly to dispose of the Disqualification Petitions expeditiously.
Inasmuch as, the matter was being delayed, the Respondent filed Writ Petition C No.
A petition in relation to a Member may be made in writing to the Speaker by any other Member Provided that a petition in relation to the Speaker shall be addressed to the Secretary.
ALTAMAS KABIR, CJI.
The Appellant herein is the Speaker of the Orissa Legislative Assembly.
Leave granted.
Relying on the interpretation of the aforesaid Rule in the judgment delivered by this Court in Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council and Others, 2004 8 SCC 747, the High Court came to the companyclusion that the Writ Petition was maintainable at the instance of the Respondent herein.
Every annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
While arriving at such companyclusion, the High Court also took into companysideration the decision in Kihoto Hollohan v. Zachillhu and Others, 1992 Supp 2 SCC 651 and the provisions of Article 191 read with paragraph 2 of the Tenth Schedule to the Constitution of India.
