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Disqualification of BJP MLAs unlikely to be settled before next Assembly session
'Petition sent by "new leader" flawed.....?'
12/13/2011 11:49:50 PM
Early Times Report
Jammu, Dec 13: The issue of disqualification of six BJP MLAs as recommended by the party to the Speaker of the Assembly Mohammad Akbar Lone is unlikely to be settled before Budget session of the Legislature. Though the ball in terms of taking any decision lies in the Court of Speaker but he may not be able to announce anything as of now on two counts: the matter now stands sub judice as the six MLAs have moved the court challenging petition of the party leader and second that the petition sent to Speaker by the new leader of the party in the House is being seen as 'flawed' by the legal experts.
Sources said even though BJP leadership is keen to have this matter settled at the Speaker's end by taking a decision on the lines the former has sought , this is unlikely to happen, at least in near future. Sources said the Speaker has put the matter under legal scrutiny and the opinion of some experts is being heard before hurrying into any judgment with regard to disqualifying the members from the House. The Speaker MA Lone has also assured he would listen to the viewpoint and the version of the members as well, a task which he has yet to begin. However, in the first place, the experts are suggesting that the petition sent through new leader Jugal Kishore Sharma may not warrant any urgent action from the Speaker as whatever the leader has sought to be done is applicable only in the House. In other words, any decision in the entire issue shall have to be and will be taken inside the House , sources said.
This implies whatever step and measures Speaker may deem proper in the matter will be taken only when the House assembles next, which is during the Budget session that would be convened sometime in February month next year, sources said. One more hiccup in any possible and prompt action from the Speaker's side is the fact that the petition has been sent by Jugal Kishore Sharma , who has been made new leader of the Legislative Party in the House by the BJP. But his leadership matter is also unsettled in legal and constitutional terms as the Speaker has yet to accept him as the leader in place of Prof Chaman Lal Gupta, who was originally made as the leader of the Legislative Party comprising 11 members after 2008 Assembly polls.
Sources said the legal experts are also contesting the point that since Jugal has not yet been accepted as the new leader by the Chair in the House, he was not competent to recommend the disqualification through any petition. Moreover, the petition is still under the process of getting examined by the legal authorities of the state and it may take some time to arrive at any conclusion, sources added.
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