SPEAKER, ORISSA LEGISLATIVE ASSEMBLY versus UTKAL KESHARI PARIDA

SPEAKER, ORISSA LEGISLATIVE ASSEMBLY versus UTKAL KESHARI PARIDA

Sub-rules (1) and (2) of rule 6 of the Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987, must be read down to permit not only Members but any person interested to bring facts of disqualification to the Speaker. The Rules being subordinate legislation cannot restrict substantive rights conferred under the Tenth Schedule. Locus standi is not restricted to members of the Assembly; any interested person, including a party president, may petition for disqualification under the Tenth Schedule.

Parties
Appellant: Speaker, Orissa Legislative Assembly; Respondent: Utkal Keshari Parida
Jurisdiction
India
Judgment Date
17 January 2013
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals dismissed
Legal Topics
Disqualification on Ground of Defection, Delegated Legislation, Interpretation of Statutes, Locus Standi
Constitutional Law Administrative Law Disqualification on Ground of Defection Delegated Legislation Interpretation of Statutes Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Speaker, Orissa Legislative Assembly

Appellant

Utkal Keshari Parida

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether a petition for disqualification of members of legislative assembly on the ground of defection can be maintained by a person who is not a member of the legislative assembly.
  2. 2 Whether sub-rules (1) and (2) of rule 6 of the Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987 restrict locus standi to only members of the assembly.

Ratio Decidendi

Sub-rules (1) and (2) of rule 6 of the Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987, must be read down to permit not only Members but any person interested to bring facts of disqualification to the Speaker. The Rules being subordinate legislation cannot restrict substantive rights conferred under the Tenth Schedule. Locus standi is not restricted to members of the Assembly; any interested person, including a party president, may petition for disqualification under the Tenth Schedule.

Court Disposition

Appeals dismissed

Orders

  • Judgment of the High Court upheld
  • No order as to costs