SC reprieve for MLA whose seat was declared vacant

The apex court order staying the operation of Madhya Pradesh High Court verdict came on Monday,four days after the assembly secretariat declared the Ratlam City seat vacant,drawing protests from Saklecha about the hurry with which two notifications were issued.

Secretariat sources told The Indian Express that another notification withdrawing the previous notification will be issued after the receipt of the apex court order. The deadline for asking written questions is over and the secretariat had not entertained the questions he asked during the pendency of his petition in the apex court.

Holding that the act of leveling unsubstantiated allegations was a corrupt practice as defined under the Representation of People Act,1951,the high court in April annulled Saklechas victory. He had defeated former BJP minister and powerful Jain community leader Himmat Kothari by a margin of more than 31,000 votes. Kothari had successfully argued that his image had been maligned in the eyes of voters.

The high court order had the potential to impact the way campaigns are conducted in the country,when candidates level allegations against each other during rallies without waiting for the outcome of ongoing trials or investigations.

The vacation bench of justices A K Patnaik and Ranjan Gogoi ordered that the next date be fixed after the ongoing summer vacation was over while stating that replies,if any,be filed within seven days.