Explained: How should Speaker treat resignation of MLAs
New Delhi, July 16: The Supreme Court is deciding whether the Speaker was right in holding up the resignations of the rebel MLAs.
The allegation is that the Speaker has been sitting over the resignations and is trying to force the MLAs to come to the House when the trust vote takes place, failing which he would disqualify them for disobeying the whip.
Once an MLA resigns, what is the procedure to be adopted. Here is what the procedure is.
Firstly the resignations should be drafted in the correct format. After drafting a very brief resignation, it should be tendered and it should not be under pressure.
The member should simply write that he is resigning from the membership of the particular assembly with immediate effect. If any extra word is added then it can be rejected. The member does not need to even mention the reason behind the resignation.
The resignation needs to be written by hand and personally given to the Speaker. It has to be accepted, after the Speaker makes sure that it was not tendered under duress.