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Delhi HC declines early hearing of PIL on election of Deputy Speaker, Lok Sabha

A bench of Chief Justice D.N. Patel and Justice Jyoti Singh said it will hear the matter on the date already fixed—February 28 next year.   | Photo Credit: The Hindu

The Delhi High Court Thursday declined to grant an early hearing of a PIL alleging inaction by Constitutional functionaries in not holding election to the post of Deputy Speaker of Lok Sabha.

A bench of Chief Justice D.N. Patel and Justice Jyoti Singh said it will hear the matter on the date already fixed—February 28 next year.

“Looking into the facts and circumstances of the case, we see no reason to entertain the application,” the bench said.

The petitioner, Pawan Reley, said the post of Deputy Speaker has been vacant for more than two years in violation under Article 93 of the Constitution and urged the court to advance the date of hearing as the case involves substantial interpretation of law.

The plea has also sought a direction to the Speaker, Lok Sabha to “fix any short date” to hold an election to the post.

“It has been 830 days that Deputy Speaker has not been elected. This is very serious,” the plea contended.

It said no discretion has been conferred on any authority for not electing a Deputy Speaker and Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha casts a primary duty on the Speaker to fix the date for holding the election to the post.

“The expression ‘as soon as may be’ under Article 93 cannot, at any stretch of imagination, be extended by the respondents to the substantial period 2 years and more... any further delay in electing Constitutional office of the Deputy Speaker will breach the collective trust in the Lok Sabha which is founded on the bedrock of the Constitutional trust,” the petition said.


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Printable version | Jan 20, 2022 2:38:11 PM | https://www.thehindu.com/news/national/delhi-hc-declines-early-hearing-of-pil-on-election-of-deputy-speaker-lok-sabha/article37802364.ece

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