Chapter III - THE SPEAKER, DEPUTY SPEAKER AND PANEL OF CHAIRMEN

Election of Speaker.

8.       (1) At the first meeting of the Assembly after a general election and after the persons elected as Members who are present have made oath, the Assembly shall proceed to elect the Speaker in accordance with this rule.

          (2) The meeting of the Assembly for election of Speaker shall be presided over by the outgoing Speaker. If the office of the Speaker is vacant or the outgoing Speaker is absent or is unable to perform the functions of his office due to illness or any other cause, the meeting shall be presided over by such Member as may be nominated by the Governor for the purpose.

          (3)  At any time before noon on the day appointed for the election, any Member may propose another Member for election as Speaker, by delivery to the Secretary a nomination paper signed by him and accompanied by a statement by the Member whose name is proposed that he is willing to serve as Speaker, if elected. 

Rule 5 (1) substituted vide Notification. Legis: I (15) dated 15th August, 1995.

 

           (4)  A Member who has been nominated may, in writing, withdraw his candidature at any time before the Assembly proceeds to elect the Speaker.

           (5) On the day of election, the Presiding Officer shall read out to the Assembly the names of the Members who have been duly nominated and have not withdrawn their candidature, together with the names of their proposers and if there is only one duly nominated candidate, shall declare such candidate to have been elected. 

          (6) Where, after withdrawals, if any, there remains more than one such candidate, the Assembly shall proceed to elect the Speaker by secret ballot which shall be held in such manner as the Presiding Officer may direct.

          (7) Where there are only two such candidates, the candidate obtaining the larger number of votes at the ballot shall be declared to have been elected. In the event of equality of votes, the Presiding Officer shall exercise his casting vote if he is a Member, otherwise a second ballot shall be held. In the event of equality of votes in the second ballot also, the matter will be decided by drawing of lots. 

          (8) Where there are more than two such candidates, the candidate obtaining at ballot more votes than the aggregate of votes secured by the other candidates shall be declared by the Presiding Officer to have been elected. If no candidate secures such number of votes, there shall be a second ballot, or, if necessary, subsequent ballots, and at each such ballot, the candidate securing the lowest number of votes at the last ballot shall be excluded from the election, and the balloting shall, in like manner, proceed until one candidate secures more votes than the remaining candidate or, as the case may be, the remaining candidates in the aggregate, and such candidate shall be declared to have been elected. 

          (9) Where at any ballot any of three or more candidates secure an equal number of votes and one of them has to be excluded from election under sub-rule (8) the determination of the question as to which of the candidates is to be excluded, shall be decided by the casting vote of the Presiding Officer, if he is a Member, otherwise by drawing of lots.

          (10) The Member so elected shall make oath before the Assembly in the form set out in the Third Schedule to the Constitution for the oath of the Speaker of the Provincial Assembly and occupy the Chair as Presiding Officer.

Election of Deputy Speaker. 

9.      (1) After the election of the Speaker, the election of the Deputy Speaker shall be held at the same meeting, and the procedure prescribed in Rule 8 for the election of Speaker shall apply mutatis mutandis.

          (2) A Member elected as the Deputy Speaker shall, before he enters upon his office, make an oath before the Assembly in the form set out in the Third Schedule to the Constitution as applicable to the Deputy Speaker.


Vacancies in office of Speaker or Deputy Speaker.

10.  (1) Whenever the office of the Speaker or Deputy Speaker becomes vacant, an election to fill that office shall be held–

(a)   if the Assembly is in session, as soon as possible during the session; and

(b)   if the Assembly is not in session, at the first meeting of the next session.

          (2) The date for the election of Speaker and Deputy Speaker under clause (a) of sub-rule (1) shall be appointed by the Governor and Speaker respectively.

Removal of Speaker or Deputy Speaker.

11.   (1) A Member may give notice to the Secretary, in writing, of a motion for leave to move resolution under paragraph (c) of clause (7) of Article 53 read with Article 127 of the Constitution for the removal of the Speaker or the Deputy Speaker and the Secretary shall, as soon as may be, circulate the notice to the Members.

          (2) The motion for leave to move the resolution shall be entered in the name of the Member concerned in the Orders of the Day for the first working day after the expiry of seven clear days from the date of the receipt of the notice under sub- rule (1).

          (3) No other item shall be included in the Orders of the Day for the day fixed for a motion for leave to move a resolution under sub- rule (2).

          (4) The Speaker or, as the case may be, the Deputy Speaker shall not preside over a sitting of the Assembly   when a resolution for his own removal is being considered.

          (5)  Immediately after the motion referred to in sub-rule (2) has been moved, the Presiding Officer shall call such of the Members as may be in favour of the leave being granted to rise in their seats, and if at least one-fourth of the total membership of the Assembly does not so rise, he shall declare that the Member has not leave of the Assembly, or if such membership so rises, call upon the Member concerned to move the resolution.

          (6) Except with the permission of the Presiding Officer, a speech on the resolution shall not exceed fifteen minutes in duration:

           Provided that the Speaker, or, as the case may be, the Deputy Speaker, against whom the motion has been moved and the mover of the resolution may speak for thirty minutes or such longer time as the Presiding Officer may allow.

          (7) After a motion   referred to in sub-rule (2) has   been moved, the Assembly shall not be adjourned until the motion for leave is disposed of, or if leave is granted, the resolution has been voted upon.

          (8) Voting on the resolution shall be by secret ballot which shall be held in such manner as the Presiding Officer may direct.

          (9) If the session during which notice has been given under sub-rule (1) has been convened by the Speaker in pursuance of clause (3) of Article 54, read with Article 127 of the Constitution, the Assembly shall not be prorogued until the motion is disposed of, or if leave is granted, the resolution has been voted   upon.

          (10) The Speaker or the Deputy Speaker, as the case may be, shall stand removed from his office if the resolution is passed by a majority of the total membership of the Assembly.

Powers and functions of the Speaker.

12.   (1) In addition to the specific functions and powers provided by these rules and subject to sub- rule (4) of Rule 11,  the Speaker shall take the chair at every sitting of the Assembly at the hour to which the Assembly was adjourned at the last sitting or at hour at which the Assembly has been summoned to meet.

          (2) The Speaker shall call the sitting to order.

          (3) The Speaker shall preserve order and decorum, and in the case of disturbance or disorder in the galleries, may cause them to be cleared.

          (4) The Speaker shall decide all points of order.

          (5) Subject to sub-rule (4) of Rule 11, in the absence of the Speaker, the Deputy Speaker shall take the Chair at a sitting.

          (6) The Speaker may, by order in writing, delegate to the Deputy Speaker all or any of his powers under these rules.

Panel of Chairmen.

13.  (1) At the commencement of each session, the Speaker shall nominate from amongst the Members a panel of not more than four chairmen and arrange their names in order of precedence and, in the absence of the Speaker and the Deputy Speaker, the person whose name is the highest on the panel from amongst those present at the sitting shall take the Chair.

          (2) If at any time at a sitting of the Assembly neither the Speaker nor the Deputy Speaker nor any Member on the panel of Chairmen is present, the Secretary shall so inform the Assembly and the Assembly shall, by a motion, elect one of the Members present to preside at the sitting.

Powers of Presiding Officer.

 

14.    The Presiding Officer shall have the same powers as the Speaker when presiding over a sitting, and all references in these rules to the Speaker shall be deemed to include a reference to the Presiding Officer.