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AP Speaker dismisses YCP petitions against defectors on technical grounds

Sat, Jul 02, 2016, 06:14 PM
The decision of the Hon’ble Speaker of AP Legislative Assembly, Dr Kodela Siva Prasad Rao, to reject on technical grounds 13 petitions filed on behalf of the YCP to disqualify 13 Members of the Legislative Assembly, who were elected on the YSRCP ticket and openly defected to the ruling TDP.

The party said the spirit of Tenth Schedule of the Constitution is to curb the menace of unethical practice of political defections, as they undermine the very foundations of our democracy and the principles which sustain it.

In the instant case, none of the 13 MLAs has denied the fact of joining the TDP after winning on the YSRCP ticket. They are attending all TDP functions and making no secret of their defecting to the TDP.

If there is rule of law prevailing in the State, the Speaker should have long ago disqualified all the 13 MLAs.

Now that the YCP petition is coming up before the Hon’ble Supreme Court on July 8, the Hon’ble Speaker had hurriedly announced his decision to reject the petitions seeking disqualification so that the Advocate on behalf of the Hon’ble Speaker can accordingly submit it to Hon’ble Supreme Court that the petitions have been disposed of and that no action was pending from his side!the party said.

As per various judgments of the Hon’ble Supreme Court, the Hon’ble Speaker acts as a Quasi-Judicial Tribunal and therefore has to follow all the rules and regulations of a judicial body while adjudicating upon the disqualification petitions under the Tenth Schedule to the Constitution of India.

Instead of calling a Press Conference to announce his decision to reject the petitions on the so-called technical grounds, the Hon’ble Speaker ought to have summoned the petitioner to his chambers, consistent with Judicial practices, and after affording an opportunity to the petitioner of being heard, his decision should have been announced. Unfortunately, this has not been done.

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