DONKUPAR RAY Vs. P R KYNDIAH

JUDGEMENT

(1.) Petitioner seeks initiation of proceedings for contempt of court against Sri P. R. Kyndiah, the Speaker of the Meghalaya Legislative assembly. It is averred that several orders made by this court during the proceedings have been disobeyed by Sri P. R. Kyndiah. The averments indicate, prima facie, that the orders of this court were not implemented.

(2.) However, the larger question of the amenability of the Speaker - functioning as an adjudicatory authority on the disputes as to the disqualification of members of the House under the Tenth Schedule of the constitution - to judicial review which has arisen in this new and important area of the functioning of the Constitution was finally settled only after the final adjudication.

(3.) We, therefore, dispose of his complaint of contempt with the expectation that after the final pronouncement on the law of the matter there shall be no further dithering in faithfully executing and implement- ing the orders of this court made in this jurisdiction. In declining to initiate appropriate proceedings against Sri P. R. Kyndiah we also take into account the present situation where the Assembly is under suspended animation with the President's rule under Article 356 of the Constitution having been imposed in the State.