The Supreme Court in the case Shariq Ahmed v. Union Of India And Ors observed and has issued notice to the Union of India and five states in a PIL filed wherein it is highlighted that the election have not yet taken place in the five states for Deputy Speakers for Lok Sabha and for State legislatures.
The bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the present matter.
The counsel, Senior Advocate Vibha Dutta Makhija, appearing on behalf of the petitioners submitted before the court that as per Article 93 and Article 178 of the Constitution of India, it being mandatory for the state legislatures for conducting elections for the post of Speaker and Deputy Speakers. It has also been highlighted by her that the states of Rajasthan, Madhya Pradesh, Uttar Pradesh, Jharkhand, Uttarakhand and Manipur did not have a deputy speaker. It has also been added by her that the plea does not mention Manipur.
Further, the bench in the case seek responses of the States and Union as mentioned in the petition. Further, the bench also requested Attorney General for India R Venkataramani for assisting in the present matter.
The bench headed by CJI Chandrachud orally remarked that the post has not been filled up, both in the Lok Sabha and in the legislatures of these states. As it has been mandated under Article 93 for Lok Sabha that the post is filled. Thus, the Article 178 does so for state legislatures. Therefore, it is being mandatory for the post of Deputy Speaker to take place.
It has been stated under Article 93 of the Constitution of India states that the House of the People shall, as soon as may be, choose two members of the House which being respectively to be the Speaker and the Deputy Speaker. Further, it has been stated under Article 178 of the Constitution of India that every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly which is respectively to be the Speaker and the Deputy Speaker.
