order of the Speaker, Jharkhand
Legislative Assembly by the respondent no. 3, whereby the petitioner
has been removed as a member of the Jharkhand Legislative ... does not provide for removal
of a member from the legislature by an action of the Governor. The
removal takes place by virtue
application before the Hon'ble Speaker, nothing
was heard from the office of the Hon'ble Speaker for several
days, hence a representation ... Speaker for its order. It is also
contended that thereafter he compelled to wait and thereafter
petitioner removed all the defect on 22nd
under:
Power conferred on Chairman/Speaker: The power conferred on the Chairman of the Rajya Sabha/the Speaker of the Lok Sahha to decide whether ... does not make him an authority competent to remove such a Member.
Judicial review of Speaker's decision: It is new settled that, notwithstanding
petitioner has been removed from the primary membership of the P.M.K. party. The Hon'ble Speaker has passed the impugned order withdrawing ... these disputed questions relating to the removal of a person from the primary membership of a party or removing of a person from the office
Speaker/Chairman has to decide whether the accusation requires investigation. If he chooses not to act the matter ends there; if the Speaker/Chairman ... concerned against his removal for which he has to be given an opportunity after submission of the report to the Speaker/Chairman under Section
Speaker. In the said order passed by the Speaker it was also mentioned relying on the judgment of Rabi Ray, Speaker of Lok Sabha announced ... respondent No. 2 was elected as Deputy Speaker. Earlier Speaker Surendra Sirsat was removed from his office on 4th March, 1991 and from 4th March
expulsion of 2 members and suspension of
11 members and the Speaker immediately accepted and expelled
both the petitioners and suspended the others without there ... regulations, the Honble Speaker has asked
them to leave the House saying they were expelled already and
directed the Martial to remove them from
Lalu Prasad @ Lalu Prasad Yadav And Rabri ... vs State Of Bihar Through Cbi (Ahd) on
prescribed procedure for
passing of the Bill, and the Government and the Speaker have
ignored the feelings of 35 members, who demanded a division ... democracy. The petitioners
-16-
have not been removed from the party. There is no notice to
remove them from the party. They continued
Constitution. This Court also came to a finding that the
Speaker had committed an error that goes to the root of the
matter ... Others, to the effect that a notice for the removal of a
Speaker restricts him from adjudicating disqualification
proceedings under the Tenth Schedule
