New Delhi: The Supreme Court has been moved with a public interest litigation for a declaration that the power of disqualification of a defected Member of Parliament or MLA be vested with the President of India/governor instead of with the Speaker.

In his fresh PIL, Ashwini Kumar Upadhyaya, BJP spokesperson, said the apprehensions regarding partisan nature of the Speaker’s decisions have been a cause of concern. Since Speakers are party members, they should not be burdened with the job of pronouncing on the membership of their fellow members. Whatever they decide, motives would be imputed to them. Hence, prevailing system is against the basic dictum of democracy.

Citing a catena of decisions, he said Speakers orders with regard to disqualification on the ground of defection have been challenged in various instances. The Election Commission recommended that it would give its opinion to the President/Governor in the matters of post-election disqualification after giving full opportunity of being heard to the parties concerned.