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Know your limits, judiciary told

Maharashtra assembly speaker Dilip Walse Patil has reminded the judiciary of its powers and said that it would be appropriate if it does not step on the rights and powers of the legislative body.

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Maharashtra assembly speaker Dilip Walse Patil has reminded the judiciary of its powers and said that it would be appropriate if it does not step on the rights and powers of the legislative body.  

The state assembly also passed a resolution to deny the summons served to office bearers and members of the assembly by a court.  

The issue of the alleged attempt of a court to diminish the power of legislature was raised during the point of propriety by Congress MLA Yashomati Thakur. The MLA was summoned by the high court in a case of privilege motion moved in the house. After the MLA moved the motion against Shrinivas Karve, head of the caste verification committee on a previous occasion in the house, the officer challenged it in the court. The high court had issued summons to the MLA and served notices to the office bearers of the assembly. 

When the issue of the rights and powers came for discussion, the entire house assembled against the judiciary. The speaker, while moving a resolution, expressed his dismay over the intervention in the legislative powers. He said that every machinery, be it judiciary, law-making bodies or the law-enforcing authorities, should act in their given powers. The court that issued the summons had an example of stepping on the powers by the judiciary, he added.  

The house then passed the resolution unanimously and decided not to accept or respond to the notices of the court. 

Senior member and Peasants and Workers Party MLA Ganpatrao Deshmukh suggested to the speaker to take the issue to the chief justice of the high court. “The incidences of the judicial interference in the decisions of the legislative bodies have been on the rise. Many a times the legislative decisions are stayed by the courts; it’s now high time to make the judiciary realise that it has no right to interfere in the executive powers of the system. The speaker should take this issue to the chief justice.”

However, the speaker cited a case in the past and said that the decisions given by the legislature were never intervened with by the courts.

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