Disqualification of rebel JD(U) MLAs: HC reserves order
21 Nov 2014 5:46 AM IST
The Patna High Court today reserved its order in a case challenging the disqualification of four rebel JD(U) MLAs from the Bihar Assembly.
Justice Jyoti Sharan reserved his order after hearing the arguments of the petitioners’ counsel and JD(U) chief whip. Vinod Kanth, the counsel, argued the anti-defection law was applicable only if a party dictate had been violated in the House. Hence, the MLAs not going with the party in voting for two Rajya Sabha seats for which bypoll was held in August did not attract the law.
Additional Advocate-General Lalit Kishore appearing for Parliamentary Affairs minister Shrawan Kumar, who is also the Chief whip of JD(U) in the Assembly, justified the disqualification, saying by going against the party in the bypoll the MLAs violated mandate.
Speaker Uday Narayan Chaudhary had last month ordered termination of membership of Gyanendra Singh Gyanoo (Barh), Neeraj Singh Babloo (Chhatapur), Ravindra Rai (Mahua) and Rahul Sharma (Ghosi).
Justice Jyoti Sharan reserved his order after hearing the arguments of the petitioners’ counsel and JD(U) chief whip. Vinod Kanth, the counsel, argued the anti-defection law was applicable only if a party dictate had been violated in the House. Hence, the MLAs not going with the party in voting for two Rajya Sabha seats for which bypoll was held in August did not attract the law.
Additional Advocate-General Lalit Kishore appearing for Parliamentary Affairs minister Shrawan Kumar, who is also the Chief whip of JD(U) in the Assembly, justified the disqualification, saying by going against the party in the bypoll the MLAs violated mandate.
Speaker Uday Narayan Chaudhary had last month ordered termination of membership of Gyanendra Singh Gyanoo (Barh), Neeraj Singh Babloo (Chhatapur), Ravindra Rai (Mahua) and Rahul Sharma (Ghosi).
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