Speaker's orders can only be challenged in HR violation case:SC

New Delhi, Aug 17 (UNI) The Supreme Court today asked the counsel for two MGP MLAs, challenging the order of Goa Assembly Speaker Pratap Sinh Rane debarring them from participating in voting during the floor test on July 30, whether the decision of the speaker can be challenged under Article 32 of the Constitution of India.

A bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran, while adjourning the hearing till August 20, reminded the petitioner that writ petition under Article 32 lies only in case of violation of Fundamental Rights of a citizen and asked whether the present petition discloses any such violation by the Speaker.

Senior counsel Mukul Rohatgi appearing for Pandu rang alias Deepak Dhavilkar and Ram Krishna alias Sudin Dhavilkar, however, contended before the Court that any action of the Speaker, which is illegal and unconstitutional, violates the fundamental rights of the citizens of the country as they are entitled to be governed by a duly elected government in accordance with the Constitution and which also enjoys the confidence of the majority of the members.

Mr Rane will decide the disqualification petition pending against the two petitioners by Monday next.

The Goa speaker had earlier refused to accept the notice from the apex court on the grounds that the action of a speaker cannot be challenged by any court. He, however, reserved his rights to file an affidavit at an appropriate stage.

He had directed the state Chief Minister Digamber Kamat to seek fresh vote of confidence to prove that he still enjoys the majority in the assembly.

UNI