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This is an archive article published on June 23, 1999

SC stays setting aside Himachal MLA8217;s election

NEW DELHI, JUNE 22: The Supreme Court has, stayed till further orders, a Himachal Pradesh High Court order setting aside the election of ...

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NEW DELHI, JUNE 22: The Supreme Court has, stayed till further orders, a Himachal Pradesh High Court order setting aside the election of Congress candidate Krishna Mohini to the state assembly from Solan constituency in the 1998 polls.

A vacation bench comprising justice G B Pattanaik and justice D P Wadhawa, while admitting Mohini8217;s statutory appeal on Monday, against the High Court order of May 12, allowed the legislator to attend the assembly but barred her from participating in the proceedings of the house.

The bench also said she would not be entitled to vote and receive any remuneration as other members of the house till the disposal of the appeal.

Appearing for the appellant, senior counsel O P Sharma contended that the High Court had erred in setting aside his client8217;s election on the sole ground that nomination papers of two covering candidates for Shiv Sena and Himachal Vikas Congress were wrongly rejected by the returning officer.

The appellant submitted in her petition that variousprovisions of the representation of Peoples Act and Symbol Order would show that the returning officer was right in rejecting the nomination papers of the two covering candidates once the nomination papers of the official candidates for the two parties had been accepted.

 

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