SC seeks permission from SC to hold by-election to 10 LS seats

New Delhi, Apr 1 (UNI) The Election Commission today moved the Supreme Court seeking permission to hold by-election to 10 Lok Sabha seats which have fallen vacant as a result of expulsion of 10 MPS by the House in the 'Cash for Query' scam.

The Supreme Court, while transferring all the writ petitions from Delhi High Court to itself, had directed the Election Commission not to hold by-election to these seats without its permission. The petitions were filed by the expelled MPs challengig their expulsion from Lok Sabha.

The Lok Sabha had expelled 10 Lok Sabha members by an resolution on December 23, 2005 after the house inquiry committee had found them guilty of taking money for raising questions in Parliament, as shown in a sting operation by a private TV channel.

Mr Chatterjee had decided not to submit the petitions to the jurisdiction of the Supreme Court on the grounds that the apex court has no power of judicial review on a decision given by the Lok Sabha.

The Supreme Court has already issued notices on the petitions and has decided to pronounce on the powers of the house to expel the member under Article 105 of the Constitution.

The article has the word 'disqualification' and does not talk about an 'expulsion'. According to the Speaker, it was a matter related to the powers and privileges of Parliament and thus not subject to judicial review.

The matter is likely to come up for hearing before the court next week.

By-elections to the seats have to be held within six months from the date they fall vacant.

UNI AKS/SC PR VD PC2048