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| Court dismisses plea of MLA | | Cross-Voting in LC | | EARLY TIMES REPORT
Jammu, May-27 (JNF):- Sub-Judge Jammu Mohd Rafiq Chak today dismissed the application filed by Bharat Bhushan MLA BJP seeking permission to file reply to the written statement of Central Disciplinary Action Committee.
Bharat Bushan MLA BJP has filed application seeking permission of the Court to file the reply in response to the written statement of Central Disciplinary Action Committee and its President OP Kohli.
The court after hearing the parties observed that the defendants have entered their appearance through Advocate and has filed written statements as well as objections to the interim application. The appellant Bharat Bushan MLA has called into question, the impugned show cause notice on the main ground that alleged cross-voting on the basis of which the show cause notice has been issued is the exclusive domain of the Legislature and non-applicants have not right to issue such notice on the alleged cause.
In this application Bharat Bhushan has stated that defendants have stated certain facts in their written statements relating to the holding of disciplinary proceedings against the applicant by invoking provisions of the constitution of the party and those facts are required to be clarified by filling better/subsequent pleadings in order to enable this Court to determine the controversy involved in the suit.
Court further observed that sole thrust of the applicant is upon the issuance of show cause notice which has been explicitly replied by the non-applicant and from the perusal of the written statement there has been no new fact which would take the applicant by surprise requiring in replying the same by filing subsequent pleadings. The applicant wants to gain time by filling this application and the facts and circumstances stated in the application do not warrant indulgence of this Court in permitting him to file better or subsequent pleadings. The application being devoid of any merit is dismissed. JNF
JNF/MAY/27/2011/2
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