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Saturday, April 17, 1999

HC stay on privilege motion angers legislature

EXPRESS NEWS SERVICE  
MUMBAI, APRIL 16: Both Houses of the State Legislature today exploded in protests as members cut across party lines to lodge their protest against Bombay High Court's recent order against a privilege motion of the Lower House. The State Assembly had last week passed a privilege motion to provide for 30 days civil imprisonment to Sub-Divisional Engineer D N Ingle for misleading Panchayat Raj Samiti by submitting incorrect information. The motion now stands stayed by a division bench of the High Court.

Both the Houses were adjourned after members raised slogans against judiciary and entered the well.

In the Lower House Congress member R R Patil led the attack. ``I feel that it was beyond the powers of the high court to interfere in the orders passed by the legislature. It is a direct encroachment on the rights of the House,'' Patil said.

Ingle had allegedly misled the Panchayat Raj Committee headed by Raosaheb Danve during its inspection at Chikli in Buldhana district by submitting incorrect information.Following this, Ingale was transferred. However, he moved the Maharashtra Administrative Tribunal (MAT) against the order alleging that he was transferred because he had refused to pay Danve a Rs 3-lakh bribe that he had demanded.

In view of the seriousness of the allegation against a sitting member of the legislature, the matter was referred to the Privileges Committee, which recommended 30-day civil imprisonment for Ingale. Ingale then moved Bombay High Court, which by an interim order on Friday stayed the Legislative Assembly's privilege motion.

Today in the Assembly, Patil was supported by Public Works Minister Nitin Gadkari, former speaker Shankarrao Jagtap and CPM's Narsaiyya Adam. Expressing strong displeasure over judiciary's interference in the functioning of the legislature, Jagtap said: ``I feel that the notice for suspension of day's proceedings, should be converted into a notice for breach of privilege of the House.'' Gadkari said judiciary, legislature, executive and fourth estate are themain pillars of democracy and it is expected that each of these pillars work within the specified frame work created for them under the Constitution.

Speaker Datta Nalwade, while endorsing the views expressed by the agitated members, referred to the provisions of Article 212 of the Constitution which clearly states that ``courts can not inquire into any proceedings of the legislature, neither can they question the validity of any proceedings of the legislature.''

Soon after he spoke in the Lower House, Nitin Gadkari hopped over the Legislative Council and raised the matter there. In minutes he had the entire House on its feet.

Janata Dal member Vyankappa Patki questioned the court's right to admit the writ petition saying legislature and judiciary were independent and both should not interfere in each other's working. Leader of the House and Rural Development Minister Anna Dange said the chair should grant permission for a privilege notice and house must be adjourned. However, at this juncture ArunMehta of Congress questioned whether a privilege notice could be tabled in the Upper House when the motion in question was moved in the Lower House.

Council Chairman N S Pharande then adjourned the house saying he would take a final decision in the matter only after meeting Assembly Speaker Datta Nalawade. When the House re-assembed the noisy scenes continued leading to a second adjournment. The third adjournment, this time for the day, came soon after the house assembled again. Pharande, however, rejected Patki's request to admit a privilege notice and said that though the issue primarily concerned the Lower House, the council was taking a sympathetic view in the matter.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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