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Congress battles TDP in Assembly

Congress members on Friday stalled proceedings in the Andhra Pradesh Legislative Assembly for nearly one and a half hours, after the Speaker disallowed an adjournment motion tabled by them, on alleged misuse of official machinery and atrocities by ruling Telugu Desam Party functionaries against weaker sections and Congress activists in Badwel and Giddalur constituencies.

Protests by Congress members forced Speaker K Pratibha Bharathi to adjourn the House for half an hour. The Congressmen relented after she assured to post the issue for discussion under Rule 304 of the Assembly rules. The by-polls in the two constituencies are scheduled on February 19. The Congress and Telugu Desam have been making complaints and counter-complaints to the Election Commissioner.

As soon as the sitting commenced at 08.30 hours IST, Congress members got up to raise the issue, but the Speaker disallowed their adjournment motion. This led to prolonged protests by Congress members, who insisted on a discussion, as the issue was 'very serious'. The ruling party members contested their allegations.

Even as Congress members kept up their protest and some rushed towards the podium of the Speaker and shouted slogans and displayed clippings of newspaper reports on "atrocities," Finance and Legislative Affairs Minister Yanamala Ramakrishnudu insisted that no discussion could be allowed on the issue, since it fell within the ambit of the Election Commission.

Quoting Article 328 of the Constitution, Rule 66 of the Assembly rules as well as Kaul and Shakdher's treatise on parliamentary practices, Ramakrishnudu maintained that neither the state government nor the state assembly was concerned with the issue. ''Political parties are free to represent their grievances against one another to the Election Commission. The EC is competent to entertain their complaints,'' he contended.

However, the Congress members pleaded with the Speaker to invoke her residuary powers and allow a discussion on the issue under Rule 304 on Saturday. They claimed that the assembly was also an appropriate forum to discuss the issue, which pertained to by-polls to this "august House".

As Congress members were unrelenting, the Speaker adjourned the House for a brief while.

When the House reassembled after half-an-hour, the Speaker announced that she would allow a discussion on the issue under Rule 304 at the next opportunity. As Question Hour was disrupted, she announced that the questions were "deemed" to have been answered.

Later, the Speaker ruled that the assembly had no jurisdiction to go into matters which fall under the purview of the Election Commission. Hence, in view of the rule, constitutional provisions as well as practices and procedures of Parliament, she disallowed the adjournment motion by 28 Congress members.

She said Rule 66 clearly stated that "no motion which seeks to raise a discussion on a matter pending before any statutory tribunal or statutory authority performing judicial or quasi-judicial functions or commission or court of enquiry or a competent authority appointed to enquire or investigate any matter, shall ordinarily be permitted to be moved."

Article 324 (1) of the Constitution stipulates that superintendence, direction and control of elections be vested in an Election Commission. According to Practice and Procedure of Parliament by Kaul and Shakdher, "any matter which is directly or indirectly connected with an election issue shall not be raised by way of question, adjournment motion, etc."

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