New Delhi: The Supreme Court on Thursday issued notice to 10 expelled Members of Parliament, the Lok Sabha and Rajya Sabha Secretariats and the Election Commission on a plea by the Centre in the `cash for query scam' seeking transfer of the writ petitions pending in the Delhi High Court to the Supreme Court.

The former MPs, nine from the Lok Sabha and one from the Rajya Sabha, challenged their expulsion in the High Court, which after notice posted the petitions to February 16.

Constitution Bench

Acting on a petition from the former Bahujan Samaj Party member, Rajaram Pal, the apex court referred the matter to a five-judge

On Thursday, a Bench consisting of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker issued the notice, returnable by February 13, after hearing Attorney General Milon K. Banerjee and Additional Solicitor General Gopal Subramaniam, who pleaded for early hearing of the transfer petition.

The Attorney General said the issues in this petition were substantially the same as the ones raised before the High Court.

The petition involved interpretation of Article 105 on the existence and extent of parliamentary privileges.

The question also related to the interpretation of various other provisions of the Constitution and it would be in the fitness of things if all the petitions were heard together.

There was no authoritative pronouncement by the court on the issue raised in the writ petition.

Substantial question

The transfer petition said the power of both Houses to expel members was a substantial question of law.

Two High Courts took different views in the matter and there was no decision from the apex court.

It was necessary to transfer the petitions to avoid multiplicity of proceedings and conflicting judgments.

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