Speaker has no power to deny pension to disqualified MLA: Supreme Court

The Speaker of a Legislative Assembly does not have power to deny pension and other benefits to a former MLA, while deciding on a disqualification plea against him, the Supreme Court has observed. 

The Bench of Chief Justice U.U. Lalit, Justice Ravindra Bhat and Justice J.B. Pardiwala made the above remarks, while hearing a set of appeals by then four JD(U) MLAs – Gyanendra Kumar Singh, Rabindra Rai, Neeraj Kumar Singh and Rahul Kumar, who were not only disqualified, but also denied pensionary benefits on November 11, 2014 by the 15th Bihar Legislative Assembly Speaker.

Setting aside the directions issued by the Speaker in Paragraph 28 of his order, the Apex Court noted that the Speaker was not within his jurisdiction to issue such directions (other than the direction of disqualification). 

The top court of the country maintained that it was not going into the question of disqualification and said all related questions were left open.

It noted that since the 15th Legislative Assembly was no longer functioning and the 17th Legislative Assembly was currently going on, it need not go into the basic issue on whether the order of disqualification issued by the Speaker of the Assembly was correct or not.

The Bench said the only question before it was to consider the effect of the directions issued by the Speaker in his disqualification order (apart from the disqualification), which was related to  denying pension and other benefits.

Representing the appellants, Senior Advocate Devdutt Kamat submitted that the directions issued by the Speaker on November 1, 2014 went beyond the scope of his powers.

He contended that in exercise of powers under the X schedule, the Speaker did not have the power either to indicate the period for which the person would stand disqualified or to bar someone from contesting in elections. 

Case Title: Gyanendra Kumar Singh And Ors. Versus Bihar Legislative Assembly Patna And Ors  

The Supreme Court has held that under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and other benefits available to a former MLA while deciding a disqualification plea against him. The Chief Justice of India UU Lalit, Justice Ravindra Bhat and Justice J.B. Pardiwala was considering a set of appeals by then four JD(U) MLAs – Gyanendra Kumar Singh, Rabindra Rai, Neeraj Kumar Singh and Rahul Kumar, who were not only disqualified but also denied pensionary benefits on November 11, 2014 by the 15th Bihar Legislative Assembly Speaker.

The bench observed, “In our considered view, the Speaker was not within his jurisdiction to issue such directions (other than the direction of disqualification). We therefore, set aside the directions issued by the Speaker in Paragraph 28 of the order. We have not gone into the question of disqualification; all questions are left open.”

Since the 15th Legislative Assembly is no longer functioning, and the 17th Legislative Assembly is currently going on, the Court observed that it need not go into the basic issue whether the order of disqualification issued by the speaker of the Assembly was correct or not.

According to the Bench, the only question before it was to consider the effect of the directions issued by the Speaker in his disqualification order (apart from the disqualification), i.e. denying pension and other benefits.

During the hearing, Senior Advocate Devdutt Kamat, appearing for the appellants, submitted that the directions issued by the Speaker on November 1, 2014 went beyond the scope of his powers.

He quoted from a Supreme Court verdict (Shrimanth Balasaheb Patil vs Hon’ble Speaker Karnataka Legislative Assembly), stating that in exercise of his powers under the X schedule, the Speaker does not have the power either to indicate the period for which the person would stand disqualified or to bar someone from contesting in elections.

Case Title: Gyanendra Kumar Singh and Ors vs Bihar Legislative Assembly Patna And Ors

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