Meghalaya HC dismisses plea of legislator seeking to quash Speaker's decision on motion

Meghalaya High Court upheld Assembly Speaker's decision to deny a special motion seeking a discussion on a CAG report during the budget session. The Speaker's action was deemed not illegal or unconstitutional and the court dismissed a petition challenging it. The Speaker's authority to regulate parliamentary proceedings and make final decisions is protected under Article 122(2) of the Constitution.

The Meghalaya High Court on Wednesday upheld the decision of the Assembly Speaker Thomas A Sangma not allowing a special motion seeking a discussion on a CAG report during this year's budget session by dismissing a petition filed by an opposition party MLA. The Speaker did not allow the special motion moved by Voice of the People Party (VPP) legislator Adelbert Nongrum who later challenged the decision in the high court.

The North Shillong MLA wanted a discussion on the CAG report on the social and economic sectors for the year ending March 31, 2022, for Meghalaya.

Justice HS Thangkhiew said in the order that the Speaker’s decision “cannot be held illegal or unconstitutional, notwithstanding the fact that the subject matter involves a matter of grave public importance.

“Judicial review therefore, not being available by virtue of the application of Article 212 of the Constitution, this writ petition is not entertained and is accordingly dismissed.'' According to Article 122(2), the decision of the Speaker in whom powers are vested to regulate the procedure and conduct of business is final and binding on every member of the House.

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