P C GEORGE Vs. THOMAS UNNIYADAN

JUDGEMENT

(1.) The petitioner, a Member of the Kerala Legislative Assembly has filed this writ petition challenging the order of the Speaker of the Assembly overruling the objections raised by him against the maintainability of the petition filed by the second respondent to disqualify the petitioner as a Member of the House. The impugned order is produced as Ext.P25.

(2.) The Tenth Schedule of the Constitution of India provides provisions relating to "disqualification on the ground of defection". Para.8 of the Schedule mandates framing of Rules by the Chairman or the Speaker of the House. Based on the above mandate, Rules have been framed by the Speaker of the Kerala Legislative Assembly. These Rules are called the Kerala Legislative Assembly (Disqualification on ground of defection) Rules, 1985 (for short, the "Rules).

(3.) The Rule 6 of the Rules provides as follows: