also a letter of
resignation in person to the Speaker. The Speaker 'kept
the resignation in abeyance pending enquiry' and
rendered ... decision also
taken by the Speaker. The purported decision of the
Speaker on the letter of resignation was admittedly not
communicated to the petitioner
also a letter of
resignation in person to the Speaker. The Speaker 'kept
the resignation in abeyance pending enquiry' and
rendered ... decision also
taken by the Speaker. The purported decision of the
Speaker on the letter of resignation was admittedly not
communicated to the petitioner
Speaker' in Article 190(3) means 'conveyed to the Speaker', and not mere naming of the Speaker in the heading ... resignation of seats in the Assembly and reads thus:
"162. Resignation of seats in the Assembly: - (1) A member who desires to resign
decision, the Legislator made a request for resignation. The
request made by the Legislator for resignation was kept in
abeyance and an order passed ... said case, the Legislator had personally handed over the
resignation to the Speaker and there was admittedly no order
passed in the said resignation
JUDGMENT
V. Sivaraman Nair, J.
1. The first respondent is the Speaker of the Kerala Legislative Assembly. The petitioner submits that while continuing in that ... impartiality of the office of the Speaker, that in similar situations, persons holding the office of Speaker had resigned from that office to contest
Dr.K.D.Prathapan Aged 47 Years vs State Of Kerala on 27 March, 2010
Legislature of a State had resigned
and the same had been accepted by the Speaker. To arrive at
the said conclusion, emphasis was laid ... factual score depicts, the vacancy occurred when the
resignation was accepted by the Speaker of Lok Sabha on
14.12.2017. It is beyond any dispute that
project that in the event the Speaker does
W.P.(C).No.24041/2018 2
not accept the resignation of the concerned member
Constitution of India held that even
in the absence of a formal resignation from the membership of a
party, inference can be drawn from ... words "voluntarily
given up his membership" are not synonymous with resignation
and have a wider connotation and that a person can voluntarily
give
giving up membership in the political party, the elected
member need not resign from the party. In Ravi S. Naik v.
Union of India ... giving up membership is not synonymous with resignation.
Voluntary giving up membership has a wider meaning than
resignation as observed by a Division Bench
