Kerala High Court Dismisses PIL on Ethics Committee Proceedings Against Expelled MLA
The Kerala High Court on Thursday dismissed a public interest litigation (PIL) that sought directions to the state legislative assembly to consider a representation requesting the withdrawal of further proceedings against expelled Congress MLA Rahul Mamkootathil by the House's ethics committee. A bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M held that the petition was not maintainable, observing that the court cannot issue directions to the Speaker of the assembly regarding how proceedings should be conducted within the House, according to news agency PTI.
Details of the Court's Decision
The detailed order in the matter is awaited. The petitioner, advocate Kulathoor Jaisingh, stated that Murali had filed a complaint before the Speaker alleging unbecoming conduct on the part of Mamkootathil as an MLA and sought permission to raise the issue in the assembly. The petition, filed through advocate M R Sarin, claimed that the complaint was submitted with "malafide intention due to political reasons".
The Speaker of Kerala Legislative Assembly, without considering allegation in the complaint, has forwarded the same to the ethics committee with an endorsement to examine it, the plea said. According to the petition, the petitioner had also submitted a representation to the Speaker seeking to drop the proceedings against Mamkootathil, the MLA from the Palakkad Assembly constituency, in connection with Murali's complaint.
Background of the Case
It further stated that a reminder representation had also been sent to the Speaker, but no action had been taken so far. The petition said that Singh was therefore compelled to approach the High Court seeking directions to the ethics committee to consider his representation and drop the proceedings against the Palakkad MLA. Mamkootathil is facing investigation in three separate sexual assault cases filed by three different women and is currently out on bail in all of them.
The court's dismissal underscores the principle of judicial non-interference in legislative proceedings, reinforcing the autonomy of the assembly in handling internal matters through its ethics committee. This decision highlights the legal boundaries between the judiciary and legislature in India, particularly in matters of disciplinary actions against elected representatives.
