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Speaker, Orissa Legislative Assembly Vs. Utkal Keshari Parida [17/01/13]

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[Civil Appeal Nos. 469 of 2013 arising out of SLP (C) No.35000 of 2012]. [Civil Appeal Nos. 470, 471 & 472 of 2013 arising out of SLP (C) Nos. 35023, 35024 and 35025 of 2012]. These Appeals raise an interesting issue relating to the powers of the Speaker of the Orissa Legislative Assembly under Rule 6(1) and (2) of the Members of Orissa Legislative Assembly (Disqualification On Ground Of Defection) Rules, 1987, hereinafter referred to as "the 1987 Rules", in the wake of paragraphs 2(1)(a) and 8 of the Tenth Schedule to the Constitution of India and are taken up together for disposal. The facts giving rise to the said legal question are set out here in below. The Appellant herein is the Speaker of the Orissa Legislative Assembly. There were four elected members of the National Congress Party(NCP) in the Orissa Legislative Assembly. All the said four elected members of the NCP joined the Biju Janata Dal (BJD), which is the Ruling Party in the State of Orissa. On account of such defection, Respondent, Shri Utkal Keshari Parida, who is the President of the State Unit of the NCP in the State of Orissa, filed four separate Disqualification Petitions before the Appellant for disqualification of the said four elected members of the NCP. The Disqualification Petitions were placed before the Appellant on 24.07.2012 and copies thereof were forwarded to the concerned Members of the Legislative Assembly, in terms of Rule 7(3) of the 1987 Rules.

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