The Congress leader has sought 'ex parte stay' on the July 24 order and also on the proceedings pending before the high court on the plea of Pilot and others. The Election Commission assured the Bench of expediting the procedure for disposing of Mishra's complaint. The plea filed through advocate Varun Chopra said that the High Court order is "ex-facie unconstitutional, illegal and in the teeth of the law laid down by this court in 1992 verdict in the case of Kihoto Hollohon". Deputy Advocate General, New Delhi: Varun Kumar Chopra and Mr. Vaibhav Srivastava. The firm is primarily engaged in litigation, arbitration, taxation practice and has also been working on an array of pertinent matters specifically pertaining to land acquisitions, tenders, direct & in-direct tax, electricity, etc, before the Supreme Court of India, the High Courts and a plethora of foras. Jason Finnerty Freelance Copy Specialist | Bringing your voice to your content. The chief whip, who moved the top court two days after the assembly speaker C P Joshi filed the appeal against the July 24 Rajasthan high court order, was very critical of the judicial intervention into the disqualification proceedings and said that the order 'was ex facie unconstitutional' and amounted to an intrusion into the domain of speaker's power under the Tenth Schedule of the Constitution. The speaker had filed the second petition on July 27, after the top court had allowed him to withdraw his earlier plea against the high court's July 21 order asking him to defer till July 24 the disqualification proceedings against these MLAs. Get expert legal advice from multiple lawyers within a few hours, Questions Answered by Advocate Varun K Chopra Micromax In-Series Smartphones' Specifications Leaked; Launch Expected Next Month, 'Was the 2019 World Cup Final a Better Game or #mivskxip? This day, exactly a year ago, I wrote my first blog post. Justifying the disqualification plea moved before the Speaker, the party chief whip referred to the alleged sequence of events relating to Pilot and his loyal MLAs and said, 'That grave and sinister attempts were being made by the Respondents to break the ranks of the Indian National Congress (INC) and topple the duly elected INC Government in the State of Rajasthan. After losing the Rewa election, Mishra had filed the complaint before the Election Commission on January 17, under Section 10A, read with Section 77, of the Representation of People Act, 1951, alleging illegal expenses incurred by Shukla beyond the prescribed limit during the polls.The elections to the Madhya Pradesh Legislative Assembly was announced in October 2018, whereby the expenditure limit under Rule 90 of the Conduct of Election Rules, 1960, for candidates was notified to be Rs 28 lakh.During the campaigning phase and thereafter, the respondent, Shukla, spent an unrestrained amount of money on various public meetings and arrangements and therefore, blatantly exceeded the maximum limit on election expenses, the Congress leader said in his plea to the ECI.On the basis of "pertinent data and information from various sources", the petitioner sought disqualification of Shukla under Section 10A, read with Section 77, of the Representation of People Act, 1951.However, despite repeated follow-ups and reminders, the respondent (ECI) has not considered and taken up the petitioner's complaint even after eight months have elapsed from the date of filing the complaint, Mishra's advocate told the court.
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The 1992 judgement had held that the speaker has the authority to decide the disqualification proceedings and judicial intervention in the process is "not permissible". The Speaker's plea, settled by senior advocates Kapil Sibal and Vivek Tankha, has also sought stay on further proceedings in the matter pending before the High Court.
'- Twitter Can't Keep Calm After Super-Over Madness, Kapil Sharma Getting Paid a Whopping Salary for His Debut Web Series, Deets Inside, Micromax IN Identity Will Push Make In India Further By Squaring Up To Chinese Phone Brands, Xiaomi Announces That It Has Achieved 80W Fast Wireless Charging, Neha Dhupia & Angad Bedi Enjoy Romantic Vacations In Maldives, Virat Kohli & Anushka Sharma 'Rekindle' Romance as They Enjoy a Magical Sunset in the Pool. It said that Speaker's power under the Tenth Schedule has been held to be 'exclusive' and 'the interlocutory orders by courts interdicting the Tenth Schedule proceedings are impermissible'. What to do if DDA claims our house as their land, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The information provided on LawRato.com is provided AS IS, subject to. In his petition, Speaker C P Joshi, has sought stay on the Rajasthan High Court's order contending that it is "ex-facie unconstitutional" and is a "direct intrusion" into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution.
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The chief whip has moved the top court two days after the assembly speaker CP Joshi filed the appeal against the July 24 Rajasthan High Court order. On July 27, the top court had allowed the Assembly Speaker to withdraw his plea against the high court's July 21 order asking him to defer till July 24 the disqualification proceedings against these MLAs. 'In Kihoto's case, this Court unequivocally held that judicial review was not available at a stage prior to the final adjudication by the Speaker acting under the Tenth Schedule. Working in banking sector will the 498A FIR affect my job and career
K. Datta & Associates. 'The impugned order of the High Court directing status quo (on disqualification proceedings against dissident MLAs) has the effect of emasculating the provision of the Tenth Schedule of the Constitution itself,' said the plea which was settled by senior advocate Devadutt Kamat and filed through lawyer Varun Chopra. National University of Advanced Legal Studies, Kochi. The assembly Speaker had issued the notice to these MLAs on July 14 after the ruling Congress had complained to him that the legislators had defied a whip to attend two legislature party meetings. Pawar, who is on a tour of the Marathwada region to r... A woman and a teenaged boy have drowned in two different lakes of Maharashtras Thane city, an official said on Monday. LexOne Partners LLP. Experience .