The Supreme Court missed an historical opprtunity
You do not abide by the oath you take when you become a member of assembly, you do not follow constitutional ethos, your behaviour is enough for criminal prosecution, you behave as if you are a ‘caste representative’ rather than the representative of people of your constituency, you from caste forums and abuse other caste/communities, and still you are not disqualified as an MLA. This is the irony of the present system. On Monday, the highest court of the country missed an opportunity to intervene in a matter of national importance which would have changed the fate of the country. Read the news:
Gujjar issue: SC rejects plea seeking 18 MLAs’ disqualification
Tuesday June 17 2008 00:00 IST PTI NEW DELHI:
The Supreme Court on Monday dismissed a petition seeking disqualification of 18 Rajasthan MLAs for allegedly breaching their oath of office by making inflammatory statements on the Gujjar agitation.“We are not inclined to interfere in this petition as the petitioner has an alternative remedy by way of special appeal before the high court, “ a vacation bench of Justice Arijit Pasayat and Justice G S Singhvi observed.
During the hearing, the bench also orally observed “let the people decide the political issue.¶
Petitioner Kashi Purohit through his counsel Abhinav Sharma had filed the SLP against an order of the single judge of the Rajasthan High Court.The High Court had dismissed the plea which questioned the then Governor’s decision of not referring the matter to the Election Commission on the ground that the action of the legislators did not invite disqualification as provided under Article 191 of the constitution and the Representation of People’s Act.
The Rajasthan governor had on July 13, 2007 dismissed the plea which sought disqualification of as many as 18 MLAs of various parties including that of the BJP, the Congress, the BSP and some independents besides three cabinet and one state Minister.The petition had alleged “eighteen MLAs had openly supported the infamous Gujjar Meena caste war during the Gujjar reservation stir¶ that plunged several northern states into chaos, besides disrupting trade, commerce and industrial activities.
The petitioner had urged the governor to refer the matter to the EC and disqualify the 18 MLAs, apart from holding fresh elections in their constituencies.The Gujjar community, led by Kirori Singh Bainsla, have been agitating for the last 24 days demanding ST status in Rajasthan.
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