Dilly-Dally

The only purpose of entrusting work of adjudicating Disqualification Petitions to a Speaker/Chairman was to avoid dilly-dallying in Courts or the Election Commission’s office. The question we have to ask ourselves is, whether the trust which Parliament entrusted has been adhered to? Kihoto Hollohan v. Zachillhu, 1992 Supp (2) 651 was not expected to anticipate, in future, situations may arise where the Speaker/Chairman would keep proceedings pending for years together and permit them to die a natural death. However, such situations have subsequently come before this Court in various cases.

Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, (2021) 16 SCC 503 had directed Speaker of Manipur Assembly to decide the Disqualification Petitions within a period 3 months. If we do not issue any directions, it will amount to: “operation successful, patient died”.

Is the present mechanism sufficient? We observe, it is for Parliament to take a call on that.

– Hon’ble Chief Justice of India, Hon’ble Justice B.V. Gavai, Padi Kaushik Reddy v. State of Telengana, [Special Leave Petition (Civil) Nos. 2354-54 of 2025].