The Supreme Court in the case Gyanendra Kumar Singh and Ors. Versus Bihar Legislative Assembly Patna and Ors observed and has held that under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and other benefits available to a former MLA while deciding a disqualification petition against him.
The bench comprising of Chief Justice of India UU Lalit, Justice Ravindra Bhat and Justice JB Pardiwala observed while considering a set of appeals by then four JD(U) MLAs – Neeraj Kumar Singh, Gyanendra Kumar Singh, Rabindra Raiand Rahul Kumar, who were not only disqualified but was also denied for pensionary benefits on November 11, 2014 by the 15th Bihar Legislative Assembly Speaker.
The bench observed that in our our considered view, the Speaker was not within his jurisdiction to issue such directions (other than the direction of disqualification). Therefore, the court set aside the directions issued by the Speaker in Paragraph 28 of the order. The court have not gone into the question of disqualification and all questions are left open.
It was observed that since the 15th Legislative Assembly is no longer functioning, and the 17th Legislative Assembly is currently going on, the Court observed that it need not go into the basic issue that whether the order of disqualification issued by the speaker of the Assembly was correct or not.
According to the bench, before the court, the only question was to consider the effect of the directions issued by the Speaker in his disqualification order (apart from the disqualification) i.e., denying pension and other benefits.
During the hearing, the counsel, Senior Advocate Devdutt Kamat appearing for the appellants submitted that the directions issued by the Speaker on November 1, 2014 went beyond the scope of his powers.
The Counsel, relied on the Supreme Court decision in the case Shrimanth Balasaheb Patil vs Hon’ble Speaker Karnataka Legislative Assembly, the operative part of which reads that in exercise of his powers under the X schedule, the Speaker does not have the power either to indicate the period for which the person would stand disqualified or to bar any person from contesting in election.
Adding to it, the court asked the opposing counsel that, where does the Speaker get the power that pension can be withheld?
It replied, “They have been disqualified and that the same consequences flow in”.
The Court orally observed that we need not go into the issue of disqualification on the ground that whatever is there, whatever happened in Rome, happened there and once you come out and it’s not there…It’s not a permanent disqualification or a debarment or something. All it has been said by him is that the pension need not be stopped.
The Counsel, Kamant added, “Pension and other emoluments”.
It was stated by the speaker that the above 4 Hon. Members will not get any facility and that is not sanctioned.
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