Rajasthan High Court - Jaipur
Rajendra Rathore Son Of Late Sri Uttam ... vs The Honble Speaker, Rajasthan Assembly on 2 January, 2023
Bench: Pankaj Mithal, Shubha Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 18077/2022
Rajendra Rathore Son Of Late Sri Uttam Singh Rathore
----Petitioner
Versus
The Honble Speaker, Rajasthan Assembly
----Respondent
For Petitioner(s) : Mr. Rajendra Rathore, petitioner in person For Respondent(s) : Mr. M.S. Singhvi, A.G. with Mr. Sheetanshu Sharma Mr. Darsh Pareek & Mr. Pranav Bhansali Dr. P.C. Bhandari, applicant in person with Mr. T.N. Sharma, Advocate HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 02/01/2023 In this Public Interest Litigation, the petitioner who is Leader of Opposition in the Legislative Assembly of Rajasthan wants that a direction be issued to the Speaker of the House to take decision on the resignation tendered by 91 MLAs with expediency within a prescribed period of time.
Notices were issued to the respondents on 06.12.2022 and in response thereof, learned Advocate General has appeared for the respondents and has sought time for filing reply.
Petitioner in person has taken an objection that the learned Advocate General cannot represent the Speaker of the Rajasthan Assembly and that his representation is confined to the Government of Rajasthan.
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(2 of 2) [CW-18077/2022] At this stage, we leave the issue as to who would be representing the Speaker of the State Assembly and allow the Advocate General to represent respondent No.2 and the Speaker to engage a separate counsel if necessary.
The sole issue which is arising for consideration is as to the time period the Speaker is supposed to take in discharge of his statutory obligation vis-a-vis decision on the resignations of the MLAs tendered to him in September, 2022 inasmuch as no constitutional or statutory authority can be permitted to sit over on such matters indefinitely.
In view of the above, as prayed by the learned Advocate General, we allow 10 days' time to seek instructions in the matter and if necessary to file response on behalf of respondent No. 2 or even on behalf of respondent No.1, if so instructed and at the same time, to inform the Court as to the time frame within which the Speaker proposes to take final decision in the matter.
It is expected that he should take the decision in this regard before the start of the next Assembly session which is likely to be commenced from 23rd January, 2023.
The application for impleadment moved by Dr. Poonam Chand Bhandari, if necessary will be considered on the next date of listing.
List on 16.01.2023.
(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ N.K. GANDHI/LAKSHYA SHARMA /19 (Downloaded on 03/01/2023 at 09:00:21 PM) Powered by TCPDF (www.tcpdf.org)