Constitution Section 185 — The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Part VI — THE STATES — Officers of the State Legislature

Constitutional

Summary

When the Legislative Council is discussing a proposal to remove the Chairman from his position, the Chairman cannot act as the presiding officer during that discussion, even if he is present. The same rule applies to the Deputy Chairman when a proposal to remove him is being discussed. In such situations, the rules that apply when the Chairman or Deputy Chairman is absent will be followed instead. However, the Chairman is allowed to speak and take part in the discussion about his own removal, and he can vote on the resolution or any related matter, but only in the first round of voting—he does not get a second or casting vote if the votes are tied.

Official Text

(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.