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| Court vacates stay on interim order in petition filed by BJP MLA | | Challenging show-cause notice issued by disciplinary panel | | EARLY TIMES REPORT
Jammu, June-06 :- In a much controversial matter in which the seven out of 11 MLAs are allegedly involved in cross-voting in recent election of MLC in J&K, the Central Disciplinary Action Committee of Bhartiya Janta Party issued show cause notice which was challenged by one BJP MLA Bharat Bhushan in which Court on May 5, 2011 granted interim relief.
Sub Judge Jammu Mohd Rafiq Chak today after hearing Adv Javed Iqbal and Rahul pant for the applicant whereas Advocate LK Sharma assisted by Adv Vishal sharma and Advocate Inderjeet Gupta for the non-applicants, vacated the interim order passed by the Court on May 5, 2011.
While vacating the interim order and deciding the applications filed by the BJP MLA Bharat Bhushan, Sub Judge Jammu Mohd Rafiq Chak observed that the provision of the constitution, any member aggrieved of the action of the Disciplinary Committee has a right of appeal, once the proposed action is taken against him. In the present case, applicant has chosen to call into question, the legality of the show cause notice without allowing the non-applicants to ask final order. Moreover, it was talk of town that some of the members of BJP Legislative Assembly crossed the floor by voting in favour of candidate other than the sponsored by the BJP party, for the reasons best to known to them.
Such an action on the party of those members by for lowered the prestige of the party in the estimation of general public and delinquent members ought to have happily associated themselves with the issuance of show cause notice to clear the dead lock and doubt in the party high command. If any, had they been asked to explain their position as to why they may not be expelled from the membership of legislative assembly, the counsel for the applicant would be useful and in that eventuality provisions of defections rules 1987 would be attracted and taking an action against the delinquent was the domain of the State Legislature. Here, that is not the position and applicant is sought to be expelled from the membership of the party taking an action against its member is the prerogative of the party and State Legislature has nothing to do with it.
Court further observed that applicant should have responded the show-cause notice
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