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Disqualification of BJP MLA's to be decided by Speaker or Court: Sagar
12/28/2011 11:54:42 PM

Early Times Report
Kishtwar, Dec 28: Minister for Rural Development, Law and Parliamentary Affairs Jammu and Kashmir Ali Mohammad Sagar said that the final call on disqualification of 6 BJP MLA's has to be decided by the Honorable Speaker Jammu and Kashmir Legislative Assembly or by the honorable court since the issue is pending before the honorable speaker as well as before the honorable court. Sagar when contacted said that his party National Conference wants to maintain distance from the issue as his party did not want to influence over the decision of disqualification of 6 BJP MLA's. He said that decision of disqualification of BJP MLA's is purely to be decided by decision taking authorities which is the speaker or the court. In a question regarding demand of JKPPC President Prof Saif-ud-Din Soz , Mr. Sagar said that he did not want to comment what Mr. Soz has since he (Sagar) had no knowledge what Mr. Soz has said. Mr. Soz during his press conference at Jammu on 17-12-2011demanded that the speaker of Jammu and Kashmir Assembly should initiate the action against the BJP MLA's who were involved in cross voting as per the laws already available with the Speaker of the Assembly.
It is worthwhile to mention that BJP on 18-11-2011 issued disqualification notice against 6 of its MLA's for their alleged involvement in cross voting in April 13, 2011 Jammu and Kashmir Legislative Council Election in favour of NC-Congress coalition candidate instead of his own party candidate. BJP in his disqualification notice seeks action against 6 of its party MLA's 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 and also under 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 includes 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) while another veterans party MLA Prof Chaman Lal Gupta was also expelled by the party high command in the month of May 2011.
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