The Delhi High Court Wednesday granted time to the Centre to state its stand on a PIL alleging inaction by Constitutional functionaries in not holding election to the post of Deputy Speaker of Lok Sabha.
"We are not issuing notice...take instructions," a bench of Chief Justice D N Patel and Justice Jyoti Singh told the Additional Solicitor General Chetan Sharma while hearing the plea which seeks a direction to the Speaker, Lok Sabha to "fix any short date" to hold an election to the post.
The petitioner, Pawan Reley, said the post of Deputy Speaker has been vacant for more than two years in violation under Article 93 of the Constitution.
"It has been 830 days that Deputy Speaker has not been elected. This is very serious," the petitioner contended.
No discretion has been conferred on any authority for not electing a Deputy Speaker and Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha casts a primary duty on the Speaker to fix the date for holding the election of the Deputy Speaker.
"The expression "as soon as may be" under Article 93 cannot, at any stretch of imagination, be extended by the Respondents to the substantial period 2 years and more...any further delay in electing Constitutional office of the Deputy Speaker will breach the collective trust in the Lok Sabha which is founded on the bedrock of the Constitutional trust," the petition reads.
The matter would be heard next on September 30.
