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2013 Supreme(SC) 63

ALTAMAS KABIR, J. CHELAMESWAR, VIKRAMAJIT SEN
Speaker, Orissa Legislative Assembly – Appellant
Versus
Utkal Keshari Parida – Respondent


Judgment :-

Altamas Kabir, CJI.

1. Leave granted.

2. These Appeals raise an interesting issue relating to the powers of the Speaker of the Orissa Legislative Assembly under Rule 6(1) and (2) of the Members of Orissa Legislative Assembly (Disqualification On Ground Of Defection) Rules, 1987, hereinafter referred to as "the 1987 Rules", in the wake of paragraphs 2(1)(a) and 8 of the Tenth Schedule to the Constitution of India and are taken up together for disposal. The facts giving rise to the said legal question are set out hereinbelow.

3. The Appellant herein is the Speaker of the Orissa Legislative Assembly. 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. 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. The Disqualification Petitions were placed before the Appellant on 24.07.201































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