Speaker can accept MLAs' resignations without probe: SC

Kashmir Times. Dated: 9/13/2021 12:51:20 AM

NEW DELHI, Sep 11: The Supreme Court had held that an Assembly Speaker is within his powers to accept the resignations of the MLAs without any inquiry if they tell him they quit without any pressure.

A 3-judge Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi on Thursday upheld the judgment of the Manipur High Court in this regard, saying that it does not see "any reason to interfere in the matter."

BJP MLAs T. Thangzalamhaokip, Samuel Zendai and S Subhash Chandra Singh had challenged the High Court's decision on July 13, approving the decision of the Assembly Speaker accepting on June 17 the resignations tendered separately by the three MLAs earlier in the day and confirmed in the government gazette very next day. The MLAs had also made the Congress as a respondent for pressing the Speaker to accept their resignations immediately.

The High Court had dismissed their petition challenging acceptance of their resignations, noting that the Speaker did not get any complaint of pressure to require a probe since their resignation letters said they were quitting on their own, without any pressure or influence.

The Apex Court endorsed the High Court's decision that it is completely up to the Speaker to institute or not any inquiry before accepting the resignations.



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