KOCHI: In a landmark judgment, the Kerala High Court on Monday quashed the order of the Speaker of the Kerala Legislative Assembly disqualifying P C George, then a member of the KC(M), as a member of the Assembly under the anti-defection law. Criticising steps taken by Speaker, HC observed that it was a mala fide action on the Speaker’s part to keep the letter of resignation pending and disqualifying him in the interregnum.
“It can be reasonably inferred that such a course was deliberately adopted in order to facilitate George to have an ignominious exit from the Assembly,” the court said. Justice V Chitambaresh passed the order while allowing the petition filed by George, the former Chief Whip. According to George, in the course of the enquiry based on the complaint filed by Government Chief Whip Thomas Unniyadan, he had submitted his resignation.
The Speaker kept the resignation in abeyance pending inquiry and took the decision to disqualify him under Para 6 (1) of the 10th Schedule. George said that there was no reason for the Speaker not to accept his resignation or take a decision before disqualifying him. He said Speaker was a tool in the hands of his political rivals.
house-bound
The HC order has paved way for P C George’s return as MLA of KC(M), the same party which sought his expulsion
➤ George’s Poonjar Assembly seat had fallen vacant with effect from November 13, 2015
➤ After the High Court, verdict, the seat is no more unrepresented
➤ Can he claim the salary and allowances for the period he was disqualified? George himself has to take a call on this based on moral grounds
The Long Journey