Gauhati High Court issues notice in disqualification case of suspended Congress MLA Sherman Ali Ahmed

The Gauhati High Court has issued a notice to the Speaker of Assam Legislative Assembly regarding the suspension and disqualification of suspended Congress MLA Sherman Ali Ahmed. The order was passed on September 9, 2024, pending a petition filed by senior Congress leader Rakibul Hussain.

Hussain had originally filed a petition on May 2, 2024, seeking Ahmed's disqualification under the Tenth Schedule to the Indian Constitution after Ahmed was suspended by the Congress party on grounds of defalcation regarding the schedule. In the case of Civil Appeal No.547/2020, the Supreme Court had on January 21, 2020 ordered that a Speaker must decide such petitions for disqualification as filed within a period of three months from the date of filing.

As the Speaker of the Assam Legislative Assembly did nothing in this regard, Hussain moved the Gauhati High Court by filing WP (C) No.4586/2024. The court has now ordered that the Speaker, Principal Secretary, Secretary of the Assam Legislative Assembly, and Sherman Ali Ahmed are to file their affidavits on or before the next date of hearing, which is September 27, 2024.

In its order, the High Court sated that the ongoing proceedings should not hinder the Speaker from resolving the disqualification petition.