KOCHI: In a land mark judgment, the Kerala High Court today quashed the the order of the Speaker of the Kerala Legislative Assembly disqualifying former Chief Whip PC George as member of the assembly.
Justice V Chitambaresh passed the order while allowing the petition filed by PC George challenging the order of the Speaker. PC George submitted that he did not act against any directions of Kerala Congress (M) to which he belong and there could be no inference to the effect that the petitioner had voluntarily given up the membership of the party. In the course of the enquiry based on the complaint filed by Government Chief Whip Thomas Unniyadan, the petitioner submitted his resignation from the membership of the Legislative Assembly. However, the Speaker declined to accept the letter and disqualified him on the basis of the petition filed by Unniyadan.
George Submitted that, the Supreme Court on many occasions had stated that unseating an elected member of the Assembly should be for very valid reasons.
The court observed that the decision of the speaker was unwarranted as George had put in his resignation before. Hence the court quashed the decision taken by the speaker of November 13 on the letter of resignation put in by the petitioner as well asl on the issue of his disqualification. "The question whether the petitioner has incurred disqualification for voluntarily giving up the membership of his political party is left open to be considered anew, if necessary. The speaker is free to deal with the issues in accordance with the principles of natural justice." the court observed.
The court also said that the decision of the speaker on the letter of resignation by George did not see the light of the day until the files called for were produced in court raises many eyebrows.