Saturday, Nov 02, 2002
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By Our Legal Correspondent
A three-Judge Bench comprising the Chief Justice B.N. Kirpal, Justice Y.K. Sabharwal and Justice Arijit Pasayat also stayed the fresh nomination of a member by the Governor in the place of a member nominated earlier, who was disqualified along with six others by the Speaker, Arun Gujrathi, on a petition moved by Sachin Ahir, after the MLAs wrote to the Governor withdrawing support to the Congress-NCP Government earlier this year.
The bench made it clear that the MLAs, including one from JD (S) and one nominated, could attend the Assembly proceedings but could not vote or participate in the debates.
Appearing for the MLAs of the NCP and the JD (S), senior counsel, K.K. Venugopal, contended that the High Court was wrong in saying that writing to the Governor amounted to voluntarily giving up membership of the House. The bench admitted the SLPs filed by the MLAs and posted them for final hearing after four weeks.
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