The Bench also observed that Mahajan had been sitting on the fence for long before filing the present PIL which created suspicion on his bona fides.
Consequently, the Court directed him to deposit ₹10 lakh as condition to hear the case.
“The petitioner is a sitting MLA and he has approached the High Court on the 11th hour which raises suspicion on his bonafides and because of this we direct him to deposit ₹10 lakhs”, the order stated.
The Bench was also hearing a connected petition filed by a citizen Janak Vyas.
Advocate Abhinav Chandrachud appearing for the petitioner, pointed out that the rules permitting the Chief Minister to advise the Governor on elections of the speaker were unconstitutional.
To this the Bench enquired whether there was any provision in the Constitution which prevented the CM to advise the governor without aid and advice of the Council of Ministers.
“Why should we read something to denude the CM of his powers!” the Bench demanded.
Chandrachud sought sometime to respond to this query.
Source: Barandbench
