HC restores membership of 4 rebel SP MLAs

Lucknow, Sep 27 (UNI) In a significant ruling, the Lucknow Bench of Allahabad High Court today stayed the August 19, 2006 order of the Uttar Pradesh assembly speaker, wherein he had terminated the house membership of four rebel Samajwadi Party MLAs.

A division bench comprising Justices Pradeep Kant and Arun Tandon observed that the four rebel MLAs were entitled to take part in house proceedings and derive all benefits of a legislator.

However, these MLAs had been barred from enjoying voting rights.

The memberships of Omwati Devi, Sunder Lal, Kalyan Singh Dohre and Ratan Lal Ahirwar were terminated by state assembly speaker Mata Prasad Pandey on August 19.

The petitioners had challenged the order of the speaker in the HC.

Mr Pandey terminated their membership for violating the SP whip in the recent Rajya Sabha and Vidhan Parishad polls in UP.

Senior SP leader Shivpal Singh Yadav had petitioned the Speaker praying that the four MLAs be expelled from house.

However, petitioners' counsel P N Gupta contended in the case of Kuldeep Nayar versus the Union of India, the Supreme Court had ruled if any legislator violated the party whip, his/her house membership could not be terminated.

Meanwhile, the HC has posted the case for next hearing to October 5 next.

UNI XC-VS PK RK2101