J&K: BJP leader moves HC against his expulsion

The expelled leader of BJP legislature party Chaman Lal Gupta moved the J&K High Court challenging his expulsion from the party and a notice of disqualification issued by the party`s acting legislature party head.

Updated: Jun 02, 2011, 22:50 PM IST

Jammu: The expelled leader of BJP
legislature party Chaman Lal Gupta on Thursday moved the Jammu and
Kashmir High Court challenging his expulsion from the party
and a notice of disqualification issued by the party`s acting
legislature party head.

The court issued notices to BJP, the Assembly Speaker,
and J&K government besides four party MLAs.

Besides Gupta, six other suspended and disqualified
MLAs filed the same petition in which they submitted before
the court that they are elected members of Jammu and Kashmir
Assembly and Gupta is elected leader of their party.

The petitioner also challenged the legality of the
disqualification notice by Jugal Kishore, acting head of
BJPLP, as being without jurisdiction and competence.

After hearing the counsel, Justice Hasnain Masoodi
issued notices to J&K State, the Speaker, the Deputy Speaker,
the Chairman, legislative council, BJP and four MLAs of BJP
and listed the petition on June 3.

Gupta and six other BJP MLAs were suspended by the party
on May 31 for cross voting in legislative council elections
last month.

Later, Gupta said that "how can they expel me like
this without any notice? Even a murder accused gets an
opportunity to defend himself".

"I have built the party brick by brick for 65 years in
most difficult circumstances. It is a conspiracy against me
and people of Jammu region, he said adding "I have even today
not got an expulsion notice. What I am hearing is all from
newspapers".

Acting Leader of BJP legislative party Jugal Kishore
Sharma had issued notices to 7 suspended party legislators,
including Gupta, for disqualification as MLAs on May 23. Four
BJP members had chosen Sharma as their legislative party
leader.

The 7 MLAs against whom the notice of disqualification
has been issued also include Bharat Bhushan, Gharu Ram Bhagat,
Baldev Sharma, Master Lal Chand, Jagdish Raj Sapolia and Durga
Dass. They did not reply and defied the summons.

Seven of 11 BJP MLAs had voted in favour of ruling
National Conference and Congress candidates during the LC
polls and only 4 votes were polled in the favour of the
party`s candidate Ranjit Singh.

Gadkari had suspended the seven MLAs after a BJP
Parliamentary Board meeting on April 20. He had also issued
them show cause notices on the cross-voting episode.

Rest of four MLAs - deputy leader of BJP Legislative
party Jugal Kishore Sharma, chief whip Ashok Khajuria, Sham
Choudhary and Sukhnandan Choudhary - were given a clean chit.

A day after the cross-voting incident, the party
sought the resignation letters of all the 11 legislators on
April 14.

PTI