Cash-for-queries: MPs’ pleas transferred to SC

The bench posted the case for hearing in the week beginning February 27, and observed that all interim prayers for staying fresh elections to fill up these seats, continuation of official accommodation in New Delhi for the expelled members and other facilities available to a member of Parliament “shall be considered then”.

Appearing for one of the expelled MPs, Chhatrapal Singh Lodha, senior counsel P N Lekhi contended that under Article 101(4) of the Constitution, the expelled MPs would cease to be members of Parliament “if they do not sign the register for 60 consecutive days” and hence urged the court to direct the Election Commission not to issue notification for filling up the vacancies caused by their “illegal” expulsion.

Lekhi told the court that the Estate Officer had already issued eviction notices on the 11 MPs (including Lodha who was a member of the Rajya Sabha) asking them to vacate the premises. He wanted the court to issue a direction to the Lok Sabha to allow the MPs to continue to sign the register without taking part in the proceedings of the House.

But the bench accepted the suggestion of Attorney General Milon Banerjee that the court should order transfer of the petitions first and then the prayer for interim reliefs could be considered at a later stage as the EC was yet to issue notification for the polls.

The cases transferred from the high court will be clubbed with the one filed by one of the expelled MPs, Rajaram Pal of the BSP, pending adjudication in the Supreme Court, and will be heard by a Constitution bench of the court together for a final decision to avoid conflict of verdicts.