Reported & Written By Kumud Sharma, Diary Times, Shimla, March 21: There is still a legal issue in the six disqualified Congress MLAs joining BJP. There has been an intense discussion on this in New Delhi even at the level of the central leadership of BJP. In such a situation, there is a legal risk in joining these rebels in a hurry. These six rebels will first have to withdraw their petition. Only after that they will be able to join BJP. Experts of Constitution and law are saying that these six can join BJP only if there are no legal complications.
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However, these six rebel leaders have not yet made their stand completely clear. Additional Advocate General and Law Special Mahendra Jharaik said that if the disqualified Congress MLA joins the BJP, his petition will be cancelled. This means that they have gone against their petition. Assembly Speaker Kuldeep Singh Pathania has issued a verdict against these six for not being present at the time of passing of the Finance Bill despite the whip being issued against them and has canceled their membership of the Assembly.
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However, the six rebels have gone to the Supreme Court against the decision of Assembly Speaker Kuldeep Singh Pathania. There six rebels has argued against the allegation of not following the whip, so naturally six rebels is not accepting that he did this to support the BJP. If six rebels joins BJP even when the petition is pending, it will also prove that six rebels has accepted the decision of Assembly Speaker Kuldeep Singh Pathania.
That means the six rebels did not stick to their stand. Its legal complexities still remain. Whereas, former Head of the Department of Political Science, Himachal Pradesh University, Prof. Kamal Manohar Sharma said that six rebels will have to withdraw the petition before joining BJP. If six rebels don’t do this then it will be against your own petition. If this is not done, it may lead to further legal complications.
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