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| Who is authorised to take 'disqualification' decision: Speaker or 'Leader' ? | | Jugal yet to be accepted as 'leader' in Assembly by Lone …! | | Early Times Report
Jammu, Nov 18: The state unit of BJP has finally made a movement forward in declaring 'disqualification' of the six MLAs who indulged in cross voting act in April this year during the Legislative Council polls. The decision, announced by the spokesperson Dr Nirmal Kamal, is being projected as having been taken by the 'leader' of the BJP Legislative Party Jugal Kishore sharma. Few basic questions arise -whether the party should have expelled the MLAs as they did in case of Prof CL Gupta …… is it Speaker of the Assembly who can take this decision on disqualification or the leader of the party in the House and whether Jugal Kishore sharma is the leader and is he authorised to take this decision……? The last question assumes significance in the wake of the announcement made by the Speaker Mohammad Akbar Lone in the Assembly during Autumn session that status quo would be maintained as far as the question of Leader of the BJP Legislative Party in the House is concerned.
The 'leader' of the House has maintained that the six MLAS have voted in violation of the whip issued by the party chief whip and as such their action is being seen as an act for which they have incurred the disqualification under 7th sechdule of the constitution of J&K. The leader has further 'explained ' that the 7th schedule of J&K constitution provides that a member of the House belonging to any political party shall be disqulaified for being a member of the House if he votes or abstains from voting in the House contrary to any directions issue by the party to which he belongs. The constitutional provisions as argued by the BJP may be having this provision of action but the question remains who is actually authorised to take this and announce this or implement this decision.
The question also arises as to why did party leadership take so long as many as six months to announce this decision if there was this provision available to them for taking action in terms of disqualification.The leadership has argued on this front that the consideration over this matter was adjourned from one date to another on a number of ocassions and no body appeared from the side of six MLAs. The latter also did not avail of the opportunity given to them to give their comments to the disqualification petition, it further contends, adding that this is why he (leader) has decided to proceed ex -parte against them. In technical and legal terms of the disqualification action the BJP leadership may be arguing all these points on a sound footing, but the moot question again revolves round the fact that has the Speaker accepted Jugal Kishore Sharma as leader of the party in the House.
This also goes without saying that ever since the controversy over cross voting erupted followed by heated debates and arguments loaded with the question of parametres for having used in identifying the culprits out of atotal lot of 11 MLAs, the seven who stand isolated as having indulged in the act trumpeted on a revolt and rebellion note as a separate group of BJP. And the group has been also been vocal and loud that their leader continues to be Prof Chaman Lal Gupta, who was originally elected by the 11 members . The fact also remains that even though the president of the state unit informed the Speaker of the Assembly in May this year that these members be disqualified , he did not take congizance of the matter nor did he take any notice of the repeated reminders from the party leadership that Jugal Kishore be considered as leader of the group , shrunk to only four. Prof Gupta on th eotehr hand has been contedning that he continues to be the leader also on the basis of the fact that the group which is by his side has more members in numbers than the group of four led by Jugal Kishore. |
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