The Hindu : National : Plea to terminate MLA's membership rejected

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Sunday, Aug 13, 2006

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National

Plea to terminate MLA's membership rejected

Staff Correspondent

Harivallabh Shukla, contested on the BJP ticket, but did not become an active member

BHOPAL: Madhya Pradesh Assembly Speaker Ishwardas Rohani has rejected a petition seeking termination of the membership of Rashtriya Samanta Dal MLA Harivallabh Shukla as he had unsuccessfully contested, on the Bharatiya Janata Party ticket, the 2004 Lok Sabha election against Jyotiraditya Scindia of the Congress. The Speaker rejected the petition by Congress MLA Ramnivas Rawat to terminate Mr. Shukla's membership.

Mr. Rohani ruled that he had contested the last Lok Sabha election from Guna on the BJP ticket but did not become an active member of the party.

Hence he could not be disqualified under the anti-defection law.

The Speaker has taken this decision on the basis of letters received from the State unit chiefs of the BJP and RSD.

Walkout

Ms. Jamuna Devi, who had led a walkout from the House on this issue during the recently-concluded monsoon session of the Assembly, has described the Speaker's decision as unfortunate. She said it would be duly challenged in court. There was no poll alliance between the RSD and the BJP during the last Lok Sabha elections.

Even if there was an electoral alliance, the anti-defection law would not allow a candidate from one party to contest the election on the symbol of an alliance partner, she added.

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