CHAPTER III - THE SPEAKER, THE DEPUTY SPEAKER AND PANEL OF CHAIRMEN
CHAPTER III
THE SPEAKER, THE DEPUTY SPEAKER AND
PANEL OF CHAIRMEN
7. The Assembly at its first meeting after general election shall, to the exclusion of any other business, proceed to elect Speaker in the following manner:-
(i) Any Member may propose or second the name of any other Member for election as Speaker.
( ii ) Every proposal shall be made by a separate nomination paper in the form set out in the First Schedule and shall be signed by the proposer and seconder and also by the candidate stating he has consented to the nomination.
( iii) A candidate may be nominated by more than one nomination paper, but no member shall subscribe to more than one nomination paper either as proposer or as seconder.
( iv) Every nomination paper shall be delivered by the candidate or his proposer or seconder to the Secretary by close of office hours on the working day preceding the day on which election of the Speaker is to be held, 1[or on the day and time specified by the person presiding].
8. (1) The person presiding shall, in the presence of the candidates or their proposers or seconders, scrutinise the nomination papers and may reject a nomination paper if he is satisfied that-
(a) the candidate is not qualified to be elected as Speaker;
( b ) any provision of rule 7 has not been complied with; or
( c ) the signature of the proposer, the seconder or the candidate is not genuine:
Provided that :-
(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper; and.
(ii) the person presiding shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow such defect to be remedied forthwith.
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1. Added words “or on the day and time specified by the person presiding” vide Law Department Notification No S. Legis: 14(4)/85 dated
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9. A candidate may withdraw his candidature at any time before the election is held.
10. Before commencement of the poll, the person presiding shall read out to the Assembly the names of the validly nominated candidates who have not withdrawn, hereinafter called the contesting candidates, in the order in which their nomination papers are received and proceed to hold the poll by ballot in such manner as he may direct.
11. (1) The person presiding shall declare the candidate securing the highest number of votes to have been elected as Speaker 1[ : ]
2[“Provided that where the highest number of votes secured by two or more candidates is equal, the matter shall be decided by drawing of lot”].
(2) Immediately on his election, the Speaker shall after making oath, occupy the Chair.
12. The Provisions of rules 7,8,9,10 and 11 of these rules shall mutatis mutandis apply to election of Deputy Speaker.
13. Whenever the office of the Speaker or the Deputy Speaker becomes vacant, the election to such office shall be held in accordance with these rules.
14. (1) A member may give notice to the Secretary in writing of a motion for leave to move a resolution for removal of the Speaker or Deputy Speaker and the Secretary shall, as soon as may be, circulate it amongst the Members.
(2) The motion for leave under sub-rule (1) shall, to the exclusion of any other business, be entered in the list of Business for the first working day after the expiry of seven days from the receipt of the notice.
(3) After the motion under sub-rule (1) has been moved, the Assembly shall not be adjourned until that motion, or if leave is granted, the resolution is disposed of.
(4) As soon as the motion under sub-rule (1) has been moved, the person presiding shall call upon the Members in favour of leave being granted, to rise in their seats, and if at least one-fifth of the total membership of the Assembly does not so rise, he shall declare that the Member has not the leave of the Assembly, or if such number of Members so rises, call upon the Member concerned to move the resolution.
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1. The full stop has been replaced by colon vide Law Department notification Number S. Legis: 14(4)/85 dated
2. Proviso added ibid.
_________________________________________________________________________________________________ (5) Except with permission of the person presiding, the mover of the resolution and the Speaker or Deputy Speaker, for whose removal the resolution has been moved, shall not speak for more than one hour and any other Member not more than thirty minutes.
15. The Speaker shall--
( i ) preside at every sitting of the Assembly;
( ii ) call the Assembly to order;
( iii) maintain order and decorum and have all powers necessary for the purpose;
( iv) cause the galleries to be cleared in case of disturbance or disorder; and
( v ) decide all points of order.
( i) preside at a sitting; and
( ii) have the same powers and perform same functions as of the Speaker.
(2) If at any sitting of the Assembly, the Speaker, Deputy Speaker and all Chairmen are absent, the Secretary shall inform the Assembly accordingly, whereupon the Assembly shall elect one of its Members present, for presiding at such sitting.