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This is an archive article published on June 11, 2002

Court junks NCP rebels’ petition against Speaker

The Bombay High Court today dismissed as ‘‘premature’’ petitions filed by three rebel NCP MLAs challenging the show-caus...

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The Bombay High Court today dismissed as ‘‘premature’’ petitions filed by three rebel NCP MLAs challenging the show-cause notices for disqualification served on them by Speaker Arun Gujarathi under the anti-defection law.

A division bench said that it would not intervene in the matter at this stage. It said that there can be no judicial review in view of well-settled laws laid down by the Supreme Court that courts cannot intervene before the presiding officer gives his ruling.

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The petitions were filed by MLAs Narsingh Patil, Shivajirao Naik and Narayan Pawar. Two other petitions filed by NCP MLA Shirish Kotwal and Congress’s Padmakar Valvi were tagged with alongwith the three and dismissed.

After undertaking before the HC on September 7 to approach the Speaker for extension of time to reply, the MLAs met the former who granted time until June 11. However, the MLAs amended their original petition and challenged even the granted by the Speaker.

Counsel Vinod Bobde appearing for Kotwal said that the Speaker should have granted the mandatory seven days as provided by the rules. He said even if the MLAs were served notices on June 6 they should have been given time until June 12.

Bobde said that though the Supreme Court has said that only in exceptional cases can the court interfere at an interlocutory stage, this case calls for such intervention because principles of natural justice have been violated.

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