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2 UP MLAs disqualified after Lokayukta probe

The two MLAs threatened to move the court against what they called a “flawed” decision. Bajrang Bahadur Singh was elected from Pharenda in Maharajganj and Uma Shankar Singh from Rasra in Ballia district in the 2012 Assembly elections.

Lokayukta NK Mehrotra had recommended the disqualification of the MLAs after its probe found they had been working as contractors even after being elected to the Assembly and that they had committed alleged irregularities.

A Raj Bhawan statement said the Governor took the decision on the basis of the Lokayukta recommendation.

Governor Ram Naik had sought a report from the Election Commission on Lokayukta’s recommendation to disqualify Bajrang Bahadur Singh from the date he procured government contract after his election on October 15, 2012 and Uma Shankar Singh from the day he became an MLA on March 6, 2012, as he kept doing the job of a contractor even after getting elected, it said.

Naik had given an opportunity to the two MLAs to submit their representation with regard to the charges against them and they had personally met him and given replies on which the Governor elicited legal opinion.

The Governor had sought EC’s views on the Lokayukta’s recommendation on December 2, 2014 for disqualification of the two MLAs as their act was found to be in violation of the Representation of the People Act.

At a hurriedly convened press conference here, Uma Shankar Singh presented documents to claim that he had not been awarded any government contract after his election and threatened to challenge the decision in court. “I have not got the orders of my disqualification yet but on getting it I will be moving the court after consulting my counsel,” he said.

The BJP MLA told a news agency that the decision to disqualify him has come because of a “technical error” and said he would move the court for justice. “I will fight the case from high court to the Supreme Court for justice and take the matter in the people’s court if I do not get any solace,” he said.

A state government official said it is for the first time that MLAs have been disqualified by the Governor on a recommendation by the Lok Ayukta. “There have been several cases similar to mine from 1951 to 2014 in which the Election Commission has recommended that this is pre-election disqualification and it does not have the right to hear it,” the BSP MLA said.

Singh said his case could have been challenged through a writ in the high court within 45 days of the election and wondered as to why has an adverse decision come in this matter after nearly three years of the election.
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