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| HC issues notice in petition filed by BJP leaders seeking quashment of criminal proceeding pending before Munsiff Court Bani | | | EARLY TIMES REPORT
Jammu, September-23:-In a petition filed by M/S OP Kohli President Central Disciplinary Committee BJP, JP Nadda General Secretary, RP Singh Member National Executive BJP and Shamsher Singh Manhas President J&K State BJP seeking quashment of criminal proceedings initiated on the complaint of master Lal Chand MLA Bani u/s 500/501 r/w section 34 RPC pending in the court of judicial magistrate Bani, Justice Muzaffar Hussain Attar after hearing advocate Inderjeet Gupta appearing for the petitioners issued noitces with direction to the registry to list the case after service is completed..
On the complaint of master Lal Chand filed under section 500/501/34 RPC judicial magistrate had initiated proceedings on August 9, 2011. The petition before the High Court has sought quashment of the order of judicial magistrate Bani.
In the petition it has been submitted that National President BJP constituted a committee comprising of petitioners to probe into the incident of cross voting in the MLC Election of J&K State held on April 13, 2011 as per constitution and Rules of Bharatiya Janta Party. Apparently 7 out of 11 BJP MLAs have not cast their vote in favour of Party Candidate, who only got 4 votes.
That the committee reached Jammu on April 14, 2011 and the very same day conducted the enquiry and concluded that seven MLA’s of BJP namely Professor Chaman Lal Gupta, Mr. Jagdish Sapolia, Mr. Durga Lal, Mr. Lal Chand, Mr. Baldev Raj, Mr. Gharu Ram Bhagat and Mr. Bharat Bhushan had voted against the part whip and have not voted in favour of the Party Candidate.
That the BJP party whip dated April 11, 2011 had been duly signed by the respondents. That Secretary Parliamentary Board of BJP vide communication dated April 20, 2011 suspended Prof. Chaman Lal Gupta, Mr. Jagdish Sapolia, Mr. Durga Lal, Mr. Lal Chand, Mr. Baldev Raj, Mr. Gharu Ram Bhagat and Mr. Bharat Bhushan from BJP on the allegation of cross voting and referred the matter to central disciplinary committee of BJP for enquiry. That President Central Disciplinary Committee BJP issued letter dated April 22, 2011 to all the 7 MLA’s asking them to submit their clarification regarding cross voting. That the respondent herein vide letter dated May 5, 2011 submitted his reply to the OP Kohli. That Bharat Bhushan (MLA) filed civil suit titled Bharat Bushan versus Central Disciplinary Committee of BJP in the court of sub-judge, Jammu. That sub-judge vides order dated May 5, 2011 restrained OP Kohli from acting upon the impugned show cause notice dated April 22, 2011. That the sub-judge vides order dated June 6, 2011 vacated the interim order issued on April 22, 2011.
In the petition filed through advocate Inderjeet Gupta it has been submitted that on May 12, 2011 Jugal Kishore deputy leader of BJP Legislative Party in the assembly was unanimously elected as the leader of BJP Legislators Group in Assembly. That state President of BJP J&K vide Letter dated May 12, 2011 informed the Speaker that since Prof. Chaman Lal Gupta has been suspended from BJP so he ceased to be the leader of the BJP Legislators Group in the Assembly and in his place Jugal Kishore is elected as leader of the Party Legislators Group in the Assembly by the MLA’s of the BJP. That chief whip Ashok Khajuria on May 13, 2011 informed the Speaker of Assembly that 7 out of 11 MLAs of the BJP have violated the whip / directions issued by the chief whip to vote in favour of the party candidate and have voted against the same in recently concluded Legislative Council Elections. That the chief whip further informed speaker that the party has not condoned the aforesaid violation and is contemplating to take stern action against the defiant MLA’s and seeking quashment of criminal proceedings pending before judicial magistrate Bani.
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