Delhi HC refuses early hearing on PIL seeking election of Deputy Lok Sabha Speaker
Dec 02, 2021
New Delhi [India], December 2 : The Delhi High Court on Thursday refused to give an early hearing on a Public Interest Litigation (PIL) seeking direction for holding of the election of Deputy Lok Sabha Speaker.
The petitioner stated that the matter was listed for hearing on November 29, 2021 but the concerned bench of the High Court did not assemble on the day and the matter got adjourned for February 28, 2022.
The petitioner prayed for an early hearing in the matter.
The bench of Justice DN Patel and Justice Jyoti Singh on Thursday refused to prepone the date of hearing after finding no urgency in the matter.
The Delhi High Court earlier, without issuing the notice to respondents, asked Additional Solicitor General (ASG) Chetan Sharma representing the Centre to take instructions in this regard.
The petition alleged inaction of the Constitutional functionaries and in evading their duties in not holding the election of the Deputy Speaker, Lok Sabha.
The petitioner Pawan Reley, who appeared in person, submitted that it is the first time in the history of the Indian republic that the office of the Deputy speaker has been vacant for 830 days (2 Years, 3 months, 7 days) as of August 30, 2021, from the date of the constitution of 17th Lok Sabha.
The plea stated that Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha casts primary duty on the Speaker to fix the date for holding the election of the Deputy Speaker. And any further delay in electing the Constitutional office of the Deputy Speaker will breach the collective trust in the Lok Sabha which is founded on the bedrock of the Constitutional trust.
The entire democratic structure in the House of the People rests on the shoulder of the Speaker, Deputy Speaker in absence of the Speaker, and members of the House of the People. There is close nexus between the democratic structure and the fundamental rights of the people. Once this nexus is broken, it violates the fundamental rights of the people, the plea added.
The petition involves the questions of highest constitutional importance in relation to the alleged inaction of the Constitutional functionaries and in evading their Constitutional duties in not holding the election of the Deputy Speaker, Lok Sabha. This Petition will result in maintaining the democratic structure of the Indian Constitution which is one of most important basic structures of the Constitution of India, the plea said.
