The expelled leader of BJP legislature party Chaman Lal Gupta today moved the Jammu and Kashmir High Court challenging his expulsion from the party and a notice of disqualification issued by the party's acting legislature party head.
The court issued notices to BJP, the Assembly Speaker, and J&K government besides four party MLAs.
Besides Gupta, six other suspended and disqualified MLAs filed the same petition in which they submitted before the court that they are elected members of Jammu and Kashmir Assembly and Gupta is elected leader of their party.
The petitioner also challenged the legality of the disqualification notice by Jugal Kishore, acting head of BJPLP, as being without jurisdiction and competence.
After hearing the counsel, Justice Hasnain Masoodi issued notices to J&K State, the Speaker, the Deputy Speaker, the Chairman, legislative council, BJP and four MLAs of BJP and listed the petition on June 3.
Gupta and six other BJP MLAs were suspended by the party on May 31 for cross voting in legislative council elections last month.
Later, Gupta told PTI that "how can they expel me like this without any notice? Even a murder accused gets an opportunity to defend himself".
"I have built the party brick by brick for 65 years in most difficult circumstances. It is a conspiracy against me and people of Jammu region, he said adding "even today I have not got an expulsion notice. What I am hearing is all from newspapers".
Acting Leader of BJP legislative party Jugal Kishore Sharma had issued notices to 7 suspended party legislators, including Gupta, for disqualification as MLAs on May 23. Four BJP members had chosen Sharma as their legislative party leader.
The 7 MLAs against whom the notice of disqualification has been issued also include Bharat Bhushan, Gharu Ram Bhagat, Baldev Sharma, Master Lal Chand, Jagdish Raj Sapolia and Durga Dass. They did not reply and defied the summons.
Seven of 11 BJP MLAs had voted in favour of ruling National Conference and Congress candidates during the LC polls and only 4 votes were polled in the favour of the party's candidate Ranjit Singh.
Gadkari had suspended the seven MLAs after a BJP Parliamentary Board meeting on April 20. He had also issued them show cause notices on the cross-voting episode.
Rest of four MLAs - deputy leader of BJP Legislative party Jugal Kishore Sharma, chief whip Ashok Khajuria, Sham Choudhary and Sukhnandan Choudhary - were given a clean chit.
A day after the cross-voting incident, the party sought the resignation letters of all the 11 legislators on April 14.
Chaman Lal Gupta Moves HC Against His Explusion
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