The Orissa High Court has expressed displeasure over the Assembly secretary’s non-acceptance of summons issued to a sitting MLA in the premises of the House while observing that “the entire issue could have been dealt with in a more reasonable and matured way”.
Sashikanta Mishra, while hearing election petition challenging the election of Narla MLA Manorama Mohanty, took exception to the secretary’s step, observing that “considering the tone and tenor of the letter, this Court expresses its displeasure over the manner in which the matter was dealt with and holds that the entire issue could have been dealt with in a more reasonable and matured way. However, considering the submissions made by Advocate General, the matter is set at rest”.
The summons notice when attempted to be served by the process server of the court was returned by the Officer on Special Duty-cum-Secretary to the Legislative Assembly along with a letter dated 17.09.2024 addressed to the Additional Deputy Registrar (J&E) of the Court. The summons so issued was returned in original by the OSD-cum-Secretary without service to the respondent (MLA Mohanty).
The court, quoting Court Rule 223 of the Rules of Procedure and Conduct of Business in Lok Sabha, stated that there is no blanket ban on service of summons on a member within the premises of the House, though the same can only be done after obtaining the permission of the Speaker of the house.
Evidently, the above provisions have not been considered, nor the matter has been dealt with in the proper perspective at all by the OSD-cum-Secretary. Moreover, there was no direction by this Court to serve the summons through the Speaker but the direction was issued to the office of the Speaker. Therefore, at least an attempt should have been made by the office to obtain the permission of the Speaker, Justice Mishra ruled in an order.