rejecting the resignation of mla


sir,    once mla render his resignation to the speaker for his membership, weather the speaker should accept or has he got right to reject? in csae he rejects the resignation suppose the member wont attend the house continuoly then what is the position of house and the mla.

in csae the speaker rejects the resignation can the mla approach the court of law for directing the speaker to accept ,if so under what law?

with regards ,narasimham v v

 
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MANAGING PARTNER

Mr V.V.Narasimham ,

This is to inform you the question for rejecting the resignation and for that to seek direction from the court .

In my opinion there is already a case pending for basic is issue why there is resignations and by elections causeing the cost of by election on the public .

A case is  pending in the court .

Let wait for the judgement .

probably the judgement may halt such resignations

regards

T.KRISHNARAO

 

 

 

 

 
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Advocate High Court Madras.

The speaker can reject the resignation.

The MLA can go to Hiigh Court against the rejection order of the speaker.

 

 
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Retired

Who accepts Speaker's resignation?

 
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Retired

 

(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the as may be, and his resignation is accepted by the chairman or the Speaker, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation

Yes, MP's resignation, according to above article, has to be accepted. What about acceptance of resignation of the President, Vice_President and Speaker? Who conducts inquiry whether it is voluntary or genuine? Who accepts it?

 
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MANAGING PARTNER

if the mla does not attend the assembly and his resignation is not accepted even mla does not go to court for not accepting the resignation .

In this situation on the records of the assebly he is still a member .

H e is entitled to draw all the benifits of the MLA .

If his continues of absence he will be entiled to take action as per the law of the ligislature. but not acceptance of resignation .

 

 

 
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Retired

It is surprising that a provision in the Constitution has been made for acceptance of the resignation of MP or MLA. Why should there be acceptance of any person once he resigns. 

How one resignation differs from another? I am told that the Supreme Court and naturally all the High Courts have been following the decision of Chancery Division of Privy Council given in 1907 in Glossop vs. Glossop where the resignation has been discussed though in the case of company directors.

When V.V. Giri resigned, he simply addressed the letter to the Vice President and walked out to contest Presidential election. No body accepted it. Giving constitutional powers to the speaker to accept or reject the resignation accentuates horse trading - see what is happening in Telangana where scores of MLAs have resigned weeks ago and the Speaker is sitting over the matter. When it comes to formation of governmnt, MLAs are paraded before the Governor who then decides who commands the majority. Why the speaker does not call all of them and decide the matter?

 
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