Delhi High Court Seeks Centre’s Response in A Plea Challenging the Govt’s Stance for Not-Holding Election of The Deputy Speaker of Lok Sabha
(Judicial Quest News Network)
In a significant development the Delhi High Court directed counsel for the Central Government to seek instructions on a petition challenging for not-holding the elections of the Deputy Speaker of Lok Sabha for a period of 830 days.
The Plea filed by Advocate Pawan Reley, appearing as party in person, avers that there are certain functions in Lok Sabha that can only be discharged by Deputy Speaker. However, the position is lying vacant since last two years.
A division bench comprising Chief Justice DN Patel and Justice Jyoti Singh will hear the matter next on September 30.
Additional Solicitor General Chetan Sharma said that he would seek instructions and confirm the reason for not holding the election of the Deputy Speaker.
The petitioner contended that any substantial delay in holding the election of the Deputy Speaker as mandated by Article 93 of the Constitution of India is violation of the Constitutional Mandate. Further, the Constitution requires the Constitutional functionaries and their actions to uphold constitutionalism and constitutional morality.
He further pointed out that Article 93 of the Constitution of India read with Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha casts the mandatory constitutional obligation on the House of the People after the date fixed by the Speaker (Respondent No. 1) and after issuance of notice by the Secretary-General to elect the Deputy Speaker.
No discretion has been conferred on anybody not to elect the Deputy Speaker. It is submitted that Deputy Speaker is not subordinate to the Speaker but holds an independent position and is answerable to the House alone.
Reley contended that any further delay in electing the Constitutional office of the Deputy Speaker will breach the collective trust in the Lok Sabha. Which founded on the bedrock of Constitutional trust.
It is the first time in the history of Indian republic that the office of the
Deputy speaker has been vacant for 830 days (2 Years, 3 months, 7 days)
as of August 30, 2021, from the date of the Constitution of 17th Lok Sabha. That Article 93 of the Constitution of India read with Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha casts the mandatory constitutional obligation on the House of the People after the date fixed by the Speaker (Respondent No. 1) and after issuance of notice by the Secretary-General to elect the Deputy Speaker. No discretion has been conferred on anybody not to elect the Deputy Speaker. It is submitted that
Deputy Speaker is not subordinate to the Speaker but holds an independent position and is answerable to the House alone.
He sought a direction to the speaker to hold the election of the Deputy Speaker within one month. He further prayed that Centre be directed to assist the Speaker in holding the election.
