Bihar Assembly: How BJP, JDU Can Dislodge Awadh Choudhary From Speaker Post While RJD Cites SC Verdict

RJD said that to remove the speaker of the assembly, the JD (U) and BJP need the votes of half the total members, i.e., out of the 243 members, the NDA will need 122 votes. 

New Delhi: Bihar assembly speaker Awadh Bihari Choudhary, an RJD leader, is facing a no-confidence motion after several leaders from the BJP-led NDA sought his removal.

Ahead of the floor test, Rashtriya Janata Dal (RJD) on Sunday said that to remove the speaker of the assembly, the JD (U) and BJP need the votes of half the total members, i.e., out of the 243 members in the Bihar Vidhan Sabha, the NDA will need 122 votes. 

RJD national spokesman and Rajya Sabha MP Manoj Jha, whose party has been claiming that Chief Minister Nitish Kumar’s volte-face has caused resentment in the JD(U), urged legislators to vote during the motion in accordance with their conscience.

Waving a few sheets of paper which he claimed were Supreme Court’s orders on the removal of an assembly Speaker passed earlier, the RJD leader said, “Going by these judgements, a no-confidence motion in the Bihar assembly must be supported by at least 122 MLAs in the 243-member assembly. We will ensure that the voting tomorrow is held within the Constitutional framework. We wish the NDA all the best.” 

"...From Article 179(c) of the Indian Constitution, as interpreted by the Supreme Court in the Nabam Rebia case, it is clear that to remove the Speaker you need the votes of half of the total members of the Assembly. This means that out of 243 members, you will need 122 votes to pass the motion to remove the Speaker. I want them (NDA) to follow the Supreme Court judgement and give the message of constitutionalism to this country.''

How Nitish Govt Can Dislodge Speaker?

The rule to remove the Speaker from office is mentioned in Article 179 of the Constitution. Members of the legislative assembly can remove the Speaker from office by passing a resolution with a majority.

A notice must be given 14 days in advance to remove the Speaker. At least 38 legislators must support the resolution.

During the consideration of the resolution, the Speaker will not preside.

Notably, the NDA, which includes the JD(U), the BJP, former CM Jitan Ram Manjhi’s HAM, and an Independent, has a combined strength of 128 as against 114 MLAs of the ‘Mahagathbandhan’, which comprises RJD, Congress, and three Left parties.