Mumbai, Dec 7: The `defection' drama involving seven Independent legislators today entered a crucial phase with the summoned MLAs appearing before the assembly Speaker with a plea for inspection of the documents which allegedly prove that they have joined the Congress party. The Speaker, Dattaji Nalawade, however reserved his ruling.In his petitions, Shiv Sena MLA Chandrakant Padwal has charged that Madan Pisal, Rajvardhan Kadambande, K C Padvi, Rajendra Shingane, Mohan Gudge, Ajit Ghorpade and Deorao Radke have joined the Congress and should be disqualified under the anti-defection law. The Congress however contends that the party's documents furnished by the Sena MLA to prove that the Independents have indeed joined the party, are forged.
Nalawade felt that the seven legislators should first file their reply to the charges against them and only then they would be permitted to inspect the documents. ``It will be improper for me to grant them permission for inspection of documents, which have beennotarised, before they file the reply,'' Nalawade said.
Giving details about today's proceedings, the Speaker said ``All the seven independent legislators were present before me along with their lawyer Marzaban Patrawala. They have made an identical application seeking inspection of original documents. However, since under the Member of the Maharashtra Legislative Assembly (Disqualification on the ground of defection) Rules, there is seven days time, I have reserved my ruling. I will interact with them and give the ruling at appropriate time.''
When asked if he will grant interim relief sought by Padwal, the Speaker said he will go by the provisions of the anti-defection law as well as the Members of the Maharashtra Legislative Assembly (Disqualification on the grounds of defection) Rules while taking a decision. Padwal has urged the Speaker that till a decision is taken on the petitions, the seven legislators should be retrained from attending the winter session of the state legislature at Nagpur fromDecember 14.
The Speaker also refused to accept an application filed by Maharashtra Pradesh Congress Committee General Secretary Gurunath Kulkarni. ``I will accept his letter at appropriate time,'' Nalawade said.
Kulkarni has alleged that the letter submitted by Padwal as one of the exhibits along with his petition, is forged one. ``I have not issued any such letter to any of the independent legislators,'' Kulkarni claims. Apparently, the letter states that the seven independent legislators have been admitted into the Congress legislature Party and that they have been advised to work for the cause of the party.
The seven independent legislators took the stand that only after inspecting the documents furnished by Padwal, will they be able to file their reply. ``It is a cardinal principle of natural justice for us to ascertain the veracity and to know the genuineness of the documents on the basis of which accusations are made against us by Padwal,'' they submitted to the Speaker.
Talking to mediapersons after their meeting with the Speaker, they categorically denied that they joined the Congress or they received letter from Gurunath Kulkarni. ``We never joined the Congress as claimed by Padwal,'' they stressed.
Patrawala said in his plea to the Speaker was that he should be allowed to inspect the documents. ``Unless I inspect the documents on the basis of which charges of defection have been levelled against the legislators, it will not be possible for me to file the reply,'' Patrawala reasoned.
When asked if he will move the High Court to seek inspection of documents, Patrawala said he will consult the independent legislators on the issue.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.