Team Herald
PANJIM: Speaker Dr Pramod Sawant disallowed the notice sent by the CLP to remove him from the Chair, stating that the notice has to be issued when the House has been summoned or the Session is on.
Sawant in his order issued to the Secretary Legislature disallowing the notice said, “Perusal of the Rules of Procedure and Conduct of Business and Constitution of India, as well as the perusal of the opinion of State Advocate General, it becomes amply clear that such a notice for removal of Speaker, moved at a time when neither the House has been summoned by the Governor nor when Session is in operation, cannot be considered.”
“Such notice has to be moved with 14 days prior intimation during an ongoing session. Governor has not summoned the Assembly currently. Summoning can be done after six months from the last date of the immediate past session,” the Speaker said and added, “Hence Leader of Opposition may be accordingly informed that the said notice has been rejected on the grounds of non-maintainability,” the Speaker has said.
All 16 Congress MLAs had on Sept 21 issued notice to the Secretary Legislative Assembly to move a motion to remove the Speaker under Rule 243 of Rules and Procedures and Conduct of Business of the Legislative Assembly of Goa, read with Article 179C of the Constitution. Rule 243 provides for moving a resolution to ask for permission of the House to discuss impeachment of the Speaker.
“The said matter was thereafter brought to the Speaker’s notice, who in his wisdom and for maintaining unbiased and neutral decision had then forwarded the notice to Advocate General Dattaprasad Lawande for opinion,” the Speaker’s office said in a statement.
The AG said that it is prerogative of the Governor to summon the House as she thinks fit with the only embargo being that six months shall not intervene between two sessions. Lawande opined that “no summons have been issued till date and as per my information as on date as well, the House has not been summoned.” “Therefore in my considered opinion, the notice in question cannot be proceeded with as of now. The Speaker at an appropriate stage may decide on the issue of notice as and when the House is summoned by the Governor,” the AG said.
