SHILLONG: The Opposition is banking on the Supreme Court order of July to effect splits following the admission of the no-confidence motion against the Speaker that will come up for discussion on Friday in the Assembly.
The Supreme Court had made it clear that the Speaker cannot decide on disqualification of legislators if they defect to another party at a time when the Speaker himself is facing no-confidence motion.
Sources said the Opposition has used the provision of the Supreme Court order to table a no-confidence motion against the Speaker to enable the legislators, especially those in the ruling party, to vote against the government as there is no fear of disqualification from the Speaker.
The intention of the Supreme Court was to ensure that the Speaker does not use the means of disqualification of legislators for his own political ends. “We hereby hold that it would be constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule, while a notice of resolution for his own removal from the office of Speaker is pending,” a Constitution Bench led by Justice J.S. Khehar interpreted Article 179 of the Constitution in the verdict in July following the political crisis in Arunachal Pradesh.
According to the ruling of the Supreme Court, the office of the Speaker, with which the Constitution vests the authority to deal with disqualification petitions against MLAs, must enjoy the confidence of the Assembly. According to sources, the Opposition feels that the ruling Congress affected by internal bickering over the style and functioning of the Chief Minister coupled with the reshuffle effected by him to douse the dissidence, may use the opportunity to revolt against the Chief Minister as the last resort to form an alternate government.
