The Delhi High Court on Wednesday asked the Centre to seek instructions on a plea highlighting the inaction of the constitutional functionaries in holding elections for the post of Deputy Speaker, Lok Sabha, for a substantive period.
The Division Bench, comprising Chief Justice D.N. Patel and Justice Jyoti Singh, while refusing to issue notice in the matter, asked Additional Solicitor General Chetan Sharma, representing the Centre, to look into it and fixed September 30 as the next date of hearing.
No discretion conferred on anybody not to elect Lok Sabha Deputy Speaker, says plea
The petition has been filed by Advocate Pawan Reley, alleging that the Deputy Speaker of the Lok Sabha has not been elected since around two years.
The plea pointed out that Article 93 of the Constitution read with Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha makes it mandatory upon the House of the People to elect the Deputy Speaker after the date for holding the election of the Deputy Speaker has been fixed by the Speaker and notice in this regard has been issued by the Secretary-General.
“No discretion has been conferred on anybody not to elect the Deputy Speaker,” the plea stated.
The plea averred that the Deputy Speaker performs certain essential Constitutional functions, which cannot be performed by any other person. It further averred that the Deputy Speaker holds an independent position, which is in no way subordinate to the Speaker.
Delay in electing Deputy Speaker will breach collective trust, says plea
The plea prayed for a direction to hold the election of the Deputy Speaker, Lok Sabha, within a period of one month; along with a declaration that the inaction of Constitutional functionaries in holding the election of Deputy Speaker for a substantive period is against the rule of law, Constitutional mandate, Constitutional trust and Constitutional morality engrafted under Article 93 of the Constitution.
The plea stated, “It is for the first time in the history of Indian Republic that the office of the Deputy Speaker has remained vacant for 830 days (2 Years, 3 months, 7 days) as on August 30, 2021, from the date of the Constitution of 17th Lok Sabha.”
Any further delay in electing the Deputy Speaker will breach the collective trust in the Lok Sabha which is founded on the bedrock of the Constitutional trust, the plea added.