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No scope for No-Trust notice: Legal advisor

Posted by on June 4, 2011 0 Comment

Hyderabad: The Legal Advisor to Legislative Assembly and the senior Advocate, Mr Jandhyala Ravi Shanker opined that there was no scope for taking up no- confidence motion against the Government during this short special session, which was only intended for election of Speaker and Deputy Speaker.

Speaking to the media in the premises of Legislative Assembly here, Mr Ravi Shanker said that the Secretary of Legislature was required to place the notices of no- confidence motion given by the opposition on the table of the Speaker. The Speaker is mandated to discuss it in the Business Advisory Committee (BAC) and take a decision. But, the BAC was automatically suspended with the then Speaker Mr N Kiran Kumar Reddy, he reminded. There was a need to follow the procedure while taking up no confidence motion, he added.

“The no-confidence motion given by the TDP after 10 am ie one hour before the commencement of the session was not a valid one”, he said.

He also reminded that prior to 1998, Speaker of the Lok Sabha was elected through open ballot four times. In the Parliamentary democracy, division of votes was very important and it was a solution for any trouble in the legislative bodies. Moreover, the Supreme Court in its verdict in a case, made it clear that “in the legal sense, the ballot mentioning secret ballot means open ballot”.

He also opined that the members should act on the floor of the house as per the decision of their affiliated party whether whip may apply or not. Those who violate would be disqualified from the Legislative Assembly membership, he clarified.

Mr Ravi Shanker said that no one had the right to question the decisions of the Speaker on the floor of the house.

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