Chandigarh: Notice on plea seeking Sukhpal Singh Khaira’s disqualification as MLA

Advocate General Atul Nanda argued that the court’s jurisdiction can start only once everything is in place and the Speaker fails to exercise the jurisdiction, adding “since the rules are not in place in the present case, the stage of court’s intervention has not arrived”. The court, while issuing a formal notice to the Vidhan Sabha and Khaira, asked for a reply in the case.

Nanda last month had sought adjournment in the case saying the rules are likely to be approved soon by the House. The draft rules have been prepared in terms of Para 8 of the 10th Schedule of the Constitution. Para 6 of the 10th Schedule relates to the decision on questions regarding disqualification on ground of defection. Under Para 8 sub-paragraph 1(d), there has to be a procedure for deciding any question regarding disqualification of a member and for any inquiry which may be made for the purpose of deciding such question. The rules had not been framed in nearly 30 years in Punjab.