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EXPRESS NEWS SERVICE
MUMBAI, DEC 3: Taking serious cognisance of the series of petitions filed by Shiv Sena legislator Chandrakant Padwal, Assembly Speaker Dattaji Nalawade today issued summons to seven independent legislators. Padwal, a veteran Shiv Sena leader and former Mayor, has urged the Speaker to disqualify the seven independent legislators under the anti-defection law on the ground that they have joined the Congress. This is the first ever case in Maharashtra after the anti-defection law came into force in 1985.
``Following directives from the Speaker, summons have been issued to Rajendra Shingane, Rajvardhan Kadambande, Mohan Gudadhe, Ajit Ghorpade, K C Padvi, Madan Pisal and Deorao Radke. Summons will be served to them immediately and they have been asked to reply to the charges against them at the earliest,'' legislature secretary Ramesh Kambli said.
Kambli said since the petitions filed by Padwal were in orders, summons were issued to the legislators. ``Under the Maharashtra Legislative Assembly (Disqualificationon ground of defection) Rules, along with the petition, the applicant has to submit all the relevant documents. In the present case, apparently, Padwal has submitted the necessary documents,'' Kambli added.
Nalawade himself declined to comment on the controversy, saying, it would be improper to express opinion since it was now a judicial process. ``I will tackle the petitions in my capacity as a presiding officer under the procedure laid down in the Members of the Maharashtra Legislative Assembly (Disqualification on Ground of Defection) Rules,'' Nalawade pointed out.
In his petition, Padwal submitted that the seven legislators have violated the provisions of the anti-defection law. ``Under article 2 (2) of the 10th Schedule of the Constitution, which relates to the anti-defection law, an elected member of the House, who has been elected as such other than a candidate set up by any political party, shall be disqualified from being a member of the House if he joins any political party after suchelection.'' Along with his petition, Padwal has submitted the membership receipts of the seven legislators to prove his point.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
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