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| Prof Gupta challenges disqualification, excpulsion notice | | HC issues notices to Speaker BJP and Others | | Early Times Report
Jammu, June 2: In a fresh turn of development, Sr BJP leader and MLA BJP Prof Chaman Lal Gupta has challenged the disqualification decision taken by the party , in a petition filed in the High court . In response to the petition , Justice Hasnain Massodi of Jammu & Kashmir High Court Jammu Wing has issued notices to the Speaker of The J&K Legislative Assembly , Chairman,Dy Chairman J&K Legislative Counsil,4 MLA's of BJP & Bhartiya Janata Party as respondents .
In the petition Prof Gupta has challenged the legality of the disqualification motion as well as issuance of notice by MLA Jugal Kishore contending it has been issued without jurisdiction and competence and communication dated May 31, 2011.he Has also challenged decision of expulsion from the membership of BJP and sought quashment of both the orders
After hearing Adv Javed Iqbal for the petitioner issued notice to State of J&K through Commissioner/ Secretary Law, Justice & Parliamentary Affairs, Speaker J&K Legislative Assembly, Deputy Speaker, Secretary J&K Legislative Assembly, Chairman J&K Legislative Council, Deputy Chairman J&K Legislative Council, Jugal Kishor MLA, Ashok Khajuria MLA, Sukhnadan Singh MLA, Sham Lal Choudhary MLA and Bharatiya Janta Party through its secretary of Parliamentary Board. Additional Advocate General Mr. Gagan Basotra accepted notice on behalf of State six respondents and Court ordered that list this petition on June 3, 2011.
In the petition it has been submitted that the petitioner Prof. Chaman Lal Gupta along with M/S Jagdish Raj Sapolia, Master Lal Chand, Prof Gharu Ram, Mr. Baldev Raj Sharma, Durga Dass, Bharat Bhushan Budhi, Ashok Khajuria, Jugal Kishore, Sukhnadan Singh and Sham Lal Choudhary are the elected members of the Legislative Assembly from BJP and the petitioner is the elected Leader of Legislative Party of BJP. In the petition it has been submitted that in terms of SRO 98 issued by the Govt of J&K Election Dept dated March 24, 2011 election for six members of J&K Legislative Council, Three members from Kashmir Province and three members from Jammu Province.
In the petition it has been submitted that the declaration of result of the six elected members of J&K Legislative Council, the rumors of cross-voting allegedly by members of BJP including petitioner were published in various newspaper of state, as a consequence Enquiry Committee was constituted by Central Command of BJP in order to enquire into the incident of alleged cross-voting.
The petitioner few days back has been served a disqualification petition titled Ashok Khajuria Vs Prof Chaman Lal Gupta & Ors by respondents Jugal Kishore wherein disqualification motion has been sought to be invoked against the petitioner along with other six members under the provision of 7th schedule of J&K Constitution r/w J&K Members of Legislative Assembly (disqualification on ground of defection) Rule 1987 by Jugal Kishore and Ashok Khajuria self-style Acting Leader and the Chief- Whip of the BJP Legislature Party, alleging there in that the petitioner and other six MLAs have resorted to cross-voted resulting into defeat of the party candidate namely Ranjit Singh. It is further submitted that on June 1, 2011 petitioner came-a-cross with unofficially a communication dated May 31, 2011 issued by Respondent Secretary Bharatiya Janta Party Parliamentary Board to have been communicated to the petitioner that petitioner has been expelled. —JNF |
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