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HindustanTimes Sun,13 Jul 2014

Haryana speaker holds merger of 5 HJC MLAs as conclusive

Hitender Rao, Hindustan Times  Chandigarh, January 13, 2013
First Published: 11:51 IST(13/1/2013) | Last Updated: 00:38 IST(14/1/2013)

Dismissing a bunch of petitions seeking disqualification of five Haryana Janhit Congress (HJC) MLAs, who had switched sides to join the ruling Congress soon after the 2009 Vidhan Sabha elections, from the membership of the House, Haryana assembly speaker Kuldeep Sharma on Sunday held the merger of the two political parties as conclusive.

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In November 2009, four MLAs of Kuldeep Bishnoi's HJC-- Satpal Sangwan,  Vinod Bhayana, Narendra Singh and Zile Ram Sharma -wrote to the then assembly speaker expressing their intention to merge the HJC (BL)  with  the  Congress in terms of the provisions the Tenth Schedule to the Constitution.

The Speaker was requested to accept the merger and to recognise the legislators as members of the Congress in Haryana Vidhan Sabha. The speaker accepted the merger and directed the four MLAS would be recognised as Congress legislators in Haryana assembly.

Thereafter, a similar request made to the speaker by HJC's Samalkha MLA Dharam  Singh Chokkar for recognising  him  along  with  the  four other MLAs as  Congress member in  assembly was also allowed by the speaker.

Subsequently, Bishnoi and Indian National Lok Dal (INLD) MLAs- Ajay Chautala, Ashok Arora and Sher Singh Barshami challenged the merger and sought disqualification of the five MLAs under the provisions of Tenth Schedule of Constitution, commonly known as the anti-defection law.

In a 29 page judgment delivered on Sunday, the speaker said: "The merger of the two political parties -Haryana Janhit Congress (BL) and Indian National Congress, has been proved as a fact and as such all the petitions are hereby dismissed. The fact that 75 of the delegates cum primary members of a party out of 108 had unanimously decided regarding the merger of the two political parties, the merger of two political parties is held to have been proved conclusively. No evidence has been produced by the applicant to say that the persons, who have deposed as a witness and claimed to be the delegates-cum-primary members were not genuine persons and were not delegates-cum-primary members as claimed by them."

The speaker while dismissing a bunch of 14 petitions said that in light of the facts and discussions, he has no option but to dismiss them.


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