HC declines to intervene on plea

The Kerala High Court today declined to intervene on a petition by Kerala Congress (M) rebel MLA P C George challenging the state assembly Speaker's order holding as valid a complaint seeking his disqualification under anti-defection law and deciding to proceed further on it.
Rejecting the petition, Justice A M Muhammed Mushtaq said it was not in the domain of the court to direct the Speaker of the Assembly to conduct an inquiry.
The court also observed that "the Speaker, being the custodian of the temple of democracy, is expected to allay any allegations by interpolation documents produced before him."

However, the Court said the allegations made by George were grave in nature and can have impact upon maintainability of the petition, if they are true. It clarified that the Speaker was free to take a decision regarding maintainability and not bound by his earlier decision.
A decision made by the Speaker can be varied or reviewed by the Speaker at the final stage depending upon the inquiry made on the complaint, the Court said.
The Court was referring to the allegations made by George that originals of some of the documents have been pasted with the verification.

"When a member of the House makes such a serious allegation, this Court believes the Speaker will inquire into (it)," the Court said on the plea filed by George, a former government chief whip, whose disqualification has been sought by KC-M.

George had contended that Speaker N Sakthan did not render justice and violated his fundamental rights.
According to the petitioner, the Speaker simply ruled that the complaint filed by Chief Whip Thomas Unniyadan could be proceeded with. He had alleged that the original complaint and a copy of it received by him were different.
The Speaker, being the custodian of democracy, should have acted fairly, he had submitted.
In his reply, counsel for Thomas Unniyadan had argued that as per Constitution's 10th Schedule Para 6, the Speaker is the final authority to take a decision and verification of copies is not mandatory.

Appearing for the Speaker, the state Advocate General had also supported the same argument.
Cracking down on George, KC(M), the third largest partner in Kerala's ruling UDF with nine MLAs, had sought his disqualification as a legislator for his alleged anti-party activities.
George had been openly flaying UDF leaders, including Chief Minister Oommen Chandy and KC-M members, following which he was removed as party Vice-Chairman and Chief Whip in April.