LUCKNOW, Jan 29: In an open confrontation with the Election Commission, Uttar Pradesh Assembly Speaker Kesri Nath Tripathi today said the EC could not interfere in the functioning of the Legislature.Tripathi also warned the EC that it could be hauled up for "breach of privilege of the Assembly in special circumstances" if it tried to interfere in the working of the Legislative Assembly.
Ruling on a notice of propriety moved by Samajwadi Party (SP) MLA Gauri Shankar, Tripathi said the Assembly could discuss EC's conduct but EC could not comment on Legislature's.
Tripathi's ruling has thus converted the conflict between UP Government and the EC into the one between Legislature and the Executive. Gauri Shankar had accused the Kalyan Singh Government of making announcements in violation of EC's Code of Conduct. Launching a frontal attack on the EC, the Speaker said, "Despite being a Constitutional body, EC can not transgress the rights of Legislative Assembly, another Constitutional body," hesaid.
Criticising Election Commissioner JM Lyngdoh's orders against anti-encroachment drive in Varanasi, Tripathi said encroachment on Government property was a congnisable offence and EC could not suspend execution of the law in the name of implementing the code of conduct.
Similarly, he also criticised Lyngdoh's directive to the State Government against withdrawal of poll-related cases.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
