Srinagar: The Jammu and Kashmir High Court
on Monday admitted the petitions of six BJP MLAs challenging the
notice for their disqualification sent to the Speaker of the
state assembly by the new legislature party leader.
Justice Mohammad Yaqoob Mir issued notice to the state
Advocate General to be present on the next date of hearing on
Seven BJP MLAs, including Chaman Lal Gupta, were expelled
from the party after an in-house inquiry found them guilty of
voting against the party candidate in the Legislative Council
elections in March this year.
The BJP had 11 MLAs in the Assembly but the party nominee
got only four votes during the council polls.
While Gupta was expelled in September, the party expelled
the other six MLAs in November for going against the whip. The
new legislature party leader appointed by the BJP, Jugal
Kishore, has written to Assembly speaker Mohammad Akbar Lone
seeking their disqualification.
Counsel for the six BJP MLAs Javaid Iqbal Wani said they
have challenged the locus standi of the party to seek their
disqualification from the assembly after they were expelled
from the membership of the party.
"The Supreme Court had referred a similar case to a
larger bench to decide on whether the party continues to hold
power for disqualifying members of a house after expelling
them. We have taken same ground in our petition," Wani said.