Retd Jusice takes serious view on delayed decision

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lokayukt (Retd) Justice NK Mehrorta, took serious view of delay in taking decision on recommendation for disqualification of two legislators. He dispacted a special report to governor Ram Naik, on Tuesday requesting him to present Action Taken Report (ATR) on the above issue, on the Floor of the State Assembly.

`I dispatched a Special Report to Governor Ram Naik as no decision has been taken on his recommendation on disqualification of two MlAs even after passing of more than six months”, disclosed Mehrorta who charged Election Commission of India of not fulfilling it’s constitutional duty, despite of clear directions of the Apex Court which says that such matters should be disposed of at earliest. ``Since chief minister has no power to disqualify a MlA so I sent my report to Governor in February this year and the latter also sought a legal opinion on the issue by ECI but I do not know why the matter was kept pending and no decision has been taken so far by ECI”, Mehrorta said while flaying ECI. 

It may be mentioned that the Election Commission of India, so far kept the issue of disqualification of Bahujan Samaj Party MlA Uma Shankar Singh and Bharatiya Janta Party MlA Bajrang Bahadur Singh from the membership of UP

Assembly under the wraps. It already summoned the complainant as well as the two legislators to here their arguments before giving its opinion but so far no final opinion has been made by the ECI.

BSP MlA Uma Shankar Singh and BJP MlA Bajrang Bahadur Singh who face threat of losing their memberships of the Assembly continue to enjoy the privileges as the Election Commission, despite repeated reminders by the Governor, has not taken any decision on the issue till now. The files relating to the two MlAs sent to the Election Commission by former Governor Bl Joshi more than six months back but they were gathering dust. Sources said that a powerful group in the BJP was taking keen interest in getting the decision delayed while the state Government was not serious on the issue.

According to report, after former Governor Bl Joshi forwarded the files relating to the two MlAs to the Election Commission in February this year, four reminders were sent, seeking opinion of the poll panel on action against the two MlAs. The former Governor had sought the Election Commission’s opinion after the lokayukta, found the two MlAs guilty of indulging in illegal activities by misusing their positions to procure lucrative government contracts. After the three reminders of Joshi, the present Governor Ram Naik, also sent a reminder

to the Election Commission on July 31, asking it to decide the case and forward its recommendations for action against the two MlAs. If the Election Commission recommends disqualification, then this will be the first time that any MlA will lose membership of the Assembly for misusing position. The lokayukta recommended disqualification of the two MlAs from the Assembly after finding the charges of corrupt practices against them to be true. Both the MlAs are accused of misusing their position to get lucrative contracts of Public Works Department. Justice (Retd) Mehrotra was handed over the inquiry against the two MlAs in December last year. 

Daily Pioneer
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