Allahabad HC Issues Notice To UP Assembly Speaker In Plea Seeking Disposal Of Disqualification Proceedings Pending Against Congress MLAs [Read Order]

The division bench comprised by Justice Pankaj Kumar Jaiswal and Justice Dinesh Kumar Singh has issued notice to the Speaker of the Uttar Pradesh Assembly, and has listed the matter for hearing on July 14.

The matter will be heard alongside petition for disposal of disqualification proceedings pending against former Congress MLC Dinesh Pratap Singh, who switched to BJP in 2018.

In the present case, Misra has alleged that disqualification proceedings are pending against Rakesh Singh and Aditi Singh since May 31, 2019 and November 26, 2019 respectively, despite the outer limit of three months for deciding disqualification petitions.

It may be noted that in the case of Keisham Meghachandra Singh v. The Hon'ble Speaker Manipur Legislative Assembly & Ors., 2020 (2) Scale 329, the Supreme Court had fixed an outer limit of three months for deciding disqualification petitions, from the date of filing.

Rakesh Singh is a Congress MLA from Harchandpur, alleged of working against the party during General Elections of 2019. Misra has alleged that during the said period, Singh worked for a BJP candidate from Rae Bareli, who was contesting opposite to party-President Sonia Gandhi.

So far as Congress MLA from Sadar, Aditi Singh is concerned, it is alleged that she attended the special session of Uttar Pradesh Assembly conducted by the BJP government from October 02, 2019, and therefore defied party whip to boycott the same.

The Petitioner is represented by Advocates KC Kaushik Rahul Kaushik and Dwijendra Mishra.

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