AIR 2013 SUPREME COURT 1181 ::2013 AIR SCW 983 ::(2013) 1 CLR 431 (SC) ::2013 (1) CLR 431 ::2013 (11) SCC 794 ::(2013) 1 Scale 403 ::AIR 2013 SC (Civil) 1173 ::2013 (2) All WC 1934 ::2013 (116) Cut LT 269 ::2013 (1) Ker LT 58 SN ::(2013) 1 Ker LT 58 ::(2013) 123 AllIndCas 72 (SC)

Supreme Court Of India

(From : Orissa)

Hon'ble Judge(s): Altamas Kabir, J. Chelameshwar, Vikramajit Sen , JJJ

Constitution of India , Sch.X Para.2(1)(a), Sch.X Para.8— Orissa Legislative Assembly (Disqualification on Ground of Defection) Rules , R.6(20)— Member of House - Disqualification petition - Locus standi to file - Not only with members of House - Any person interested can refer question of disqualification to Speaker - R 6(2) has to be accordingly @page-SC1182read down to make it consistent with provisions of Sch. 10. The locus standi to refer to the Speaker the question whether member of the House has become subject to disqualification does not exclusively lie only with member of house. Any person interested can refer such question to the Speaker. Although, paragraph 8 of the Tenth Schedule vests the Speaker of the House with powers to make rules for giving effect to the provisions of the Tenth Schedule, the Rules framed under such powers would amount to delegated legislation which cannot override the substantive provisions of the Constitution contained in the Schedule itself. The provisions of sub-rules (1) and (2) of Rule 6 of the 1987 Rules cannot therefore override the provisions of paragraph 2(1) (a) of the Tenth Schedule to the Constitution or for that matter, paragraph 6 which vests the Speaker of the House with the authority to decide the question as to whether a Member of a House had become subject to disqualification under the Sched....