PATNA: Bihar assembly is likely to get a new speaker on Feb 12 with the first cabinet meeting of the new Nitish Kumar government on Monday authorising the CM to seek permission from the governor to reschedule the budget session to Feb 12-29. Sources said the cabinet cleared the proposal to cancel the previous schedule of Feb 5-29.
BJP’s senior leader Nand Kishore Yadav had on Sunday submitted in the Vidhan Sabha secretariat, a “no confidence proposal” against current speaker Awadh Bihari Chaudhary, who is from RJD. With 128 legislators on its side (BJP 78, JD(U) 45, HAM(S) 4 and one independent), Nitish-led alliance is comfortably placed to remove the opposition party’s speaker. In the 243-member Bihar assembly, the magic figure is 122.
However, as per Article 179 of the Constitution and Article 110 of the Rules of House Conduct and Business, the process to replace a speaker can start on the floor of the House only “after the 14th day” and not “on the 14th day” from the submission of the no-confidence proposal by a legislator of that House. As per this rule, the process of removing the speaker can only take place after Feb 10.Since Feb 11 is a Sunday, Yadav’s proposal is likely to be taken up on Feb 12 after governor Rajendra Vishwanath Arlekar’s address to a joint session of the two Houses. Feb 12 will be the 16th day since the submission of Yadav’s proposal.
Sources said the governor is constitutionally bound to address a joint session first on day 1 of the budget session before the House takes up any business. The proceeding to replace a speaker can begin only after the governor’s address. In such a situation, the speaker himself will present the no-confidence proposal before the House.
The outgoing speaker facing a no-confidence proposal is allowed to sit with the governor during his address to the joint session of the legislative assembly and council, sources said. However, if Chaudhary resigns before Feb 12, such a situation will not arise.
BJP’s senior leader Nand Kishore Yadav had on Sunday submitted in the Vidhan Sabha secretariat, a “no confidence proposal” against current speaker Awadh Bihari Chaudhary, who is from RJD. With 128 legislators on its side (BJP 78, JD(U) 45, HAM(S) 4 and one independent), Nitish-led alliance is comfortably placed to remove the opposition party’s speaker. In the 243-member Bihar assembly, the magic figure is 122.
However, as per Article 179 of the Constitution and Article 110 of the Rules of House Conduct and Business, the process to replace a speaker can start on the floor of the House only “after the 14th day” and not “on the 14th day” from the submission of the no-confidence proposal by a legislator of that House. As per this rule, the process of removing the speaker can only take place after Feb 10.Since Feb 11 is a Sunday, Yadav’s proposal is likely to be taken up on Feb 12 after governor Rajendra Vishwanath Arlekar’s address to a joint session of the two Houses. Feb 12 will be the 16th day since the submission of Yadav’s proposal.
Sources said the governor is constitutionally bound to address a joint session first on day 1 of the budget session before the House takes up any business. The proceeding to replace a speaker can begin only after the governor’s address. In such a situation, the speaker himself will present the no-confidence proposal before the House.
The outgoing speaker facing a no-confidence proposal is allowed to sit with the governor during his address to the joint session of the legislative assembly and council, sources said. However, if Chaudhary resigns before Feb 12, such a situation will not arise.