Courts cannot set deadline for Speaker to accept or reject MLA resignation: Himachal Pradesh High Court

The Himachal Pradesh High Court recently ruled that a Constitutional Court cannot impose a timeframe on the Speaker of the State legislative assembly to decide on the resignations tendered by members of the Legislative Assembly. \r

Justice Sandeep Sharma clarified that the Speaker, acting as a constitutional authority, holds a role coequal to the judiciary in such matters. The judgment arose from a case involving independent lawmakers seeking immediate acceptance of their resignations, which were later accepted as they joined another party. \r

The Court emphasized that while rules suggest the Speaker "may" accept resignations immediately if voluntary and genuine, no timeframe can be mandated by the judiciary unless specifically prayed for by petitioners, respecting the Speaker's discretionary powers under Article 190(3)(b) of the Constitution.