Gauhati High Court Notices Assam Assembly Speaker Over Delay in MLA Disqualification Case

In a significant legal move, the Gauhati High Court issued notices to the Assam Assembly Speaker, Congress MLA Sherman Ali Ahmed, and other officials on Monday concerning the non-disposal of a petition that seeks the disqualification of the legislator. The petition was initiated by the opposition party, following Ahmed’s suspension.

Justice Devashis Baruah, presiding over the matter, has directed the respondents to submit their responses in the form of affidavits by the next hearing scheduled for September 25. This development comes after a plea was raised by Congress MP Rakibul Hussain, questioning the delay in the adjudication of the disqualification application submitted against Ahmed.

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Senior advocate K N Choudhury, representing the petitioner Hussain, highlighted in court that the application for Ahmed’s disqualification was lodged with the Speaker on May 2. The plea pointed out that despite the lapse of over three months, the Speaker has yet to resolve the petition—a period that exceeds the mandated timeframe for such proceedings.

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Sherman Ali Ahmed, who faced suspension from the Congress party in October 2021 due to “repeated violations of party discipline,” finds his political future in jeopardy as the court scrutinizes the procedural delays in his disqualification process. According to advocate Choudhury, the undue delay compelled Hussain, former deputy leader of the Congress in the assembly and now a Lok Sabha MP, to seek judicial intervention.

In a statement during the session, Justice Baruah clarified that while the court proceedings are ongoing, Speaker Biswajit Daimary retains the authority to decide on the original disqualification application filed against Ahmed.

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The court’s directive to the assembly’s higher echelons underscores the judiciary’s role in ensuring adherence to procedural timelines and upholding the legislative standards.

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