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Speaker delinks Pathak case, next hearing on August 18

SPEAKER MATA Prasad Pandey on Saturday reserved his ruling on the petitions seeking disqualification of four Samajwadi Party MLAs, who voted in favour of the Bahujan Samaj Party (BSP) candidates in the Rajya Sabha elections.

india Updated: Aug 13, 2006 01:08 IST

Disqualification of 4 SP MLAs

SPEAKER MATA Prasad Pandey on Saturday reserved his ruling on the petitions seeking disqualification of four Samajwadi Party MLAs, who voted in favour of the Bahujan Samaj Party (BSP) candidates in the Rajya Sabha elections.

The Speaker delinked the petition seeking disqualification of another SP MLA Kamlesh Pathak from other petitions fixing August 18 as the next date of hearing. In a letter to the Speaker, Pathak stated that he had met Chief Minister Mulayam Singh Yadav and clarified his position. Pathak has obviously reached an understanding with the party high command and hopes that the SP will withdraw his disqualification petition.

The four MLAs whose fate has been sealed include Kalyan Singh Dohre, Ratan Lal Ahirwar, Sunder Lal and Omvati. SP general secretary and minister for PWD Shivpal Singh Yadav filed the petition seeking disqualification of five MLAs. After reserving his verdict, the Speaker asked the Counsel for four MLAs, PN Gupta, to submit copies of rulings quoted in the case by August 14. Arguing on behalf of four MLAs, Gupta said the petitioner had not filed any documents to support his contention that a whip had been issued. Gupta said no election symbol had been allotted in the Rajya Sabha election. Only preferential voting had taken place in the poll, he said adding that the petitioner had filed the case of 10th schedule para 2 –1(a) though it may have been the case of provisions of para 2- 1 (b) of the 10th schedule.

Counsel for the petitioner Anupam Mehrotra, however, said the para 2-1 (a) of the 10th schedule has been rightly used as the issue involved the conduct of the MLAs outside the Vidhan Sabha. The conduct of the MLAs outside the House indicated that they had voluntarily given up the membership of the House, he said.

First Published: Aug 13, 2006 01:08 IST