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| Disqualification of 6 BJP MLAs likely to benefit Cong | | |
Asif Iqbal Naik
KISHTWAR, Dec 25: Disqualification of BJP MLAs by Speaker of Legislative Assembly Mohammed Akbar Lone will give advantage to Congress in seven constituencies where by-elections will be held.
MLAs were disqualified for their involvement in cross voting during Legislative Council elections held early this year. Senior BJP leader Chaman Lal Gupta already stands disqualified over the same issue. Congress has already said that speaker must decide fate of the disqualified members at the earliest. Congress lost most of its seats to BJP during 2008 elections which were held after Amarnath land row.
However, Congress is expected to make a strong comeback in by-elections in these seven constituencies. Observers maintain that Speaker can initiate action against any MLA irrespective of his affiliation to any party under Para 2 (b) of Seventh Schedule of the Constitution of Jammu and Kashmir read with Rule 3(6) of the Members of the Jammu and Kashmir Legislative Assembly (disqualification on the ground of defection) Rules, any party has the authority to disqualified its member or members in case the party found that the person or person act is against the party move or against any decision taken by the party.
Moreover Paragraphs 3,4 and 5 of the rule also stated that if an MLA votes or abstained from voting contrary to any direction issued by the political party to which he belonged without obtaining the prior permission of the party, the person or authority and any such voting or abstention has not been condone, the MLA stood disqualified. Those MLA's who were disqualified by the BJP over April 13 cross voting scandal include Bharat Bhushan (Domana Reserve Assembly segment), Gharu Ram Bhagat (RS Pura Reserve), Durga Dass (Hiranagar Reserve), Baldev Raj Sharma (Reasi), Jagdish Raj Sapolia (Basoli) and Master Lal Chand (Bani) and Prof Chaman Lal Gupta.
The Congress is likely to push hard for disqualification of the expelled members in the coming days. After Sonia Gandhi's assurance of re-assessing the performance of the coalition government, the Congress has focused its attention on the seats that will fall vacant when the Speaker decides the fate of the expelled MLAs.
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