In the annals of the legislative history of Delhi, Aam Aadmi Party (AAP) Government has decided to seek vote of confidence when the Pro-tem Speaker will be on the chair. In the list of business cleared by Delhi Cabinet, the vote of confidence has been listed on January 2. The first session of the fifth Delhi legislative Assembly will continue from January 1 to 7 and will take up a spate of issues. The MlAs would be administered oath on the first day of the session. The Government would move the vote of confidence on January 2. Election for Speaker and Deputy Speaker will be held on January 3.
The general practice is that the Government seeks vote of confidence after Speaker and Deputy Speaker is duly elected. But the Government’s decision to seek vote of confidence when the Pro-tem Speaker is chairing the House proceeding, has surprised political analysts. In a related development, Delhi Assembly Secretary PN Mishra met Chief Minister Arvind Kejriwal and reported to have discussed the matter related to session.
Former Delhi Assembly Secretary and Director of lok Sabha Secretariat, SK Sharma said that there is no such rule that Pro-tem speaker cannot conduct vote of confidence but general practice is that vote of confidence takes
place after the election of Speaker and Deputy Speaker of the House.
“This may be executive decision,” he said. Sharma further stated that pro-tem speaker avails all powers of Speaker of the House as per Constitution of India. According to Sharma, in 2005 in Jharkhand, Pro-tem speaker has held vote of confidence following the direction of the court.
Insiders say that there is apprehension that some Congress MlAs may cross vote during vote of confidence and election of Speaker and Deputy Speaker of the House. Besides, it may be AAP Government’s game plan to reduce the number of BJP MlAs in the House as Jagdish Mukhi, who is the seniormost leader of the House, has been elected Pro-tem Speaker of the House. However, Mukhi refused to take charge. “The decision was taken by my party that neither I nor any MlA of the party will be the Pro-tem Speaker,” Mukhi said.
In the eventuality Mukhi accedes, the number of BJP MlAs will reduce to 31 which may help the AAP Government during vote of confidence.