OoP | SC issues notice to Centre, EC | india | Hindustan Times
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OoP | SC issues notice to Centre, EC

india Updated: Sep 15, 2006 16:46 IST

The Supreme Court on Thursday issued notices to the Centre on a petition challenging the constitutional validity of the amendment to the law on office of profit allegedly aimed to protect around 40 MPs from disqualification.

The petition, filed by an NGO Consumer Education and Research Society, was mentioned by senior advocate Soli J Sorabjee before a bench headed by Justice Arijit Pasayat seeking to stay Parliament (Prevention of Disqualification) Amendment Act on office of profit.

The Bench tagged the matter along with a similar petition pending before the court, filed by a Trinamool Congress MP Dinesh Trivedi against the Act.

The Court directed the Centre and the Election Commission to file their counter within eight weeks.

Sorabjee clarified to the Bench that at this stage he was not seeking stay of the Act.

He said since the EC was proceeding on disqualification petitions as per the Act, a direction should be issued that its order will be subject to the final outcome of the writ petitions.

The NGO contended that the Act should be stayed from the retrospective operation. The Act should not affect the disqualification proceedings pending before the Election Commission.

It contended that Amendment Act has been passed with retrospective effect solely to protect about 40 sitting members of Parliament who have been facing disqualification proceedings before the Election Commission which was violative of Article 14, 102 (1) (a) and 103 of the Constitution.