The Madhya Pradesh high court on Monday served notices on the state legislative assembly speaker, Congress MLAs Kalpana Parulekar and Choudhari Rakesh Singh Chaturvedi during the hearing of a PIL challenging validity of calling a special session of the assembly.
The HC also served notices on the chief election commissioner of India and secretary and the state election commissioner.
The PIL challenges validity of calling for a special session of the state legislative assembly on July 27, 2012 to recall its decision on expulsion of two Congress MLAs wherein they were reinstated.
On July 18, the state assembly took decision to expel them and their names were deleted from the voters list of Presidential election for which voting was held on July 19.
The gazette notification of their expulsion was also issued on July 18 and pursuant hereto, the election commission has also declared their respective seats as having fallen vacant, the PIL said.
The special session has been convened at a huge cost to the public exchequer to recall the decision and restore membership of expelled MLAs, the PIL claimed.
The PIL is filed by Sanjeev Kumar Pandey of Jabalpur and Rakesh Singh of Bhind. Singh said in the PIL being a voter, he was competent to context the election from Bhind constituency thus his right and that of other persons has been curtailed due to the action of the state assembly.
The petitioners counsels SK Agrawal and Rajesh Chand said by-election should have been hold for Bhind and Mahidpur assembly seats within stipulated period as mandated under section 151A of Representation of Peoples Act 1951 as the seats were fallen vacant.
The counsels said the provisions of Representation of Peoples Act are very clear that when such casual vacancy arises, the election commission shall have to fill up the vacancy by holding by-elections within a period of six months from the date of occurrence of vacancy.