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| HC grants 2 week time to State for response | | Cross Voting in LC Election | | Early Times Report
JAMMU, Oct 11: Justice JP Singh has allowed Prof Chaman Lal Gupta Leader of BJP Legislative Party's petition who challenged the communication of May 23, 2011 has allowed the prayer of Additional Advocate General Mr. Gagan Basotra appearing for the state seeks and is allowed further two weeks time to the response to the petition and also ordered that interim direction dated June 3, 2011 to continue till then.
On June 3, 2011 State High Court ordered status-quo as regards proceedings; consequent to communication dated May 23, 2011 impugned in the petition shall be maintained.
The case of the petitioner stated that he is duly elected leader of Party BJP and pleaded that in terms of section 69 (1) (e) r/w 7thscheduled Para 2 (b) and Para (6) 3rd Proviso, motion for disqualification of leader of the Legislature Party is to be referred to the decision of the Chairman or Speaker of the House and his decision on such motion is to be final, the petitioner insists that in view of law governing the subject, Jugal Kishore lacks competence and jurisdiction to take cognizance of any motion initiated by the MLA Ashok Khajuria for disqualification of the petitioner.
In the petition it has been submitted that the petitioner Chaman Lal Gupta along with M/S Jagdish Raj Sapolia, Master Lal Chand, Prof Gharu Ram, 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. The petitioner challenged the legality of the disqualification motion as well as issuance of notice by MLA Jugal Kishore without jurisdiction and competence and communication dated May 31, 2011 decision of expulsion of the petitioner from the membership of BJP and seeking quashment of both the orders. JNF |
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