Ref: VJAS/LS-PIL/WP-57/ 2009 PRESS-NOTE 19.03.2009.
VJAS request Speaker of 14th Lok Sabha for early decision in the matter of disqualification petition under 10th Schedule filed by BJP Parliamentary party against ‘vote for cash’ M.P. Harisingh Nasaru Rathod and request to keep ethical standard of Parliamentary Democracy
As congress president smt.sonia Gandhi has decided to give her party loksabha candidature to tainted ‘vote for cash’ M.P. Harisingh Nasaru Rathod from Yavatmal-Washim loksabha constituency as there is no place for morality in ethics in caste base corrupt Indian politics , Kishor Tiwari President of Vidarbha Janandolan Samiti (VJAS) now moved to Hon’ble Shri Somnath Chatterjee,Hon’ble Speaker of 14th Lok Sabha who is yet to take his final decision in the metter of disqualification petition under 10th Schedule filed by BJP Parliamentary party against ‘vote for cash’ M.P. Harisingh Nasaru Rathod and request to keep ethical standard of Parliamentary Democracy as per statutory obligation under Indian constitution .
In request letter VJAS activist said that Mr. Harisingh Nasaru Rathod was the elected Member of 14th Lok Sabha from Yavatmal Parliamentary constitutency of
It has been futher alleged by the BJP parliamentary party that the said expelled BJP M.P. Harisingh Rathod who had last year defied his party whip and abstained from voting on the confidence motion in the Lok Sabha and disqualification petition alleging his intentional abstain as ‘vote for cash’ shall likely to face disqualification as reasons given by Harisingh Rathod that he said "I came back from Parliament yesterday at around one pm to take my diabetes injection. Suddenly, on the way my sugar level dropped because of which I became drowsy and was rushed to
On legal aspects of the issue VJAS leader informed speaker that as Mr. Rathod having committed the offence as per the law of Anti Defection has now joined Indian National Congress and seeking party ticket of INC, we in letter to Smt. Sonia Gandhi, President of INC requested her on the ground of high morality and in order to keep high standards ethical balance in Indian parliament system intact ,she should not promote the practices adopted by the Great Betrayers- Aya aur Gaya type M.P. Harisingh Rathod as even if congress culture allows such type of corrupt elements to exists with reorganisation but society at large will reject them at last in the election hence congress should refrain from such unholy act .
Kishore tiwari humbly prayed the speaker of loksabha “Hon’ble sir, we would like to draw your kind attention that Rathod's defection was a shocker to the common voters and the citizens atlarge who have faith & belief in the democracy and also for BJP party. Mr. Rathod’s alleged offence of violating the Anti Defection laws of land and the Constitutional provisions contended in 10th Schedule of the Constitution of India cannot overide the resignation tender by Mr. Rathod later on in the month of January, 2009. Because the cause of action for the petition of disqualification filed against Mr. Rathod was arosed in the month of July, 2008 when he committed offence under the provisions of Anti Defection laws and as such his resignation is nothing to do with the crime committed. He must be punished for the crime committed by him, if he is really guilty. As per the provisions of Article 102 (2) of Constitution of India, any Member of Parliament who faces disqualification under 10th Schedule of the Constitution, cannot be eligible for becoming of Parliament and /or contesting the election to parliament. Now as Mr.Rathod may be seeking reelection from Yavatmal parliamentary constitutency once again as candidate of Indian National Congress which he has joined recently, it is mandatory of the part of Your Honour to decide the pending petition filed under 10th Schedule by BJP against Mr. Rathod because its outcome will have bearing upon the candidature and/or the eligibility of Mr. Rathod as either contesting parliament election and/or from becoming Member of Parliament. Therefore, the pending issue be decided independent of facts without being governed by the onward acts of Mr. Rathod tendering resignation from parliament.
This AayaRam-GayaRam tendency of the political leader is the blot on the parliamentary democracy and to teach lesson to such defectors, the parliament has enacted the statutory provisions of which Your Honour is the custodian and presiding authority. We strongly feel that the provisions of the law must be implemented so that the common man will not lose faith in the Rule of Law and the high values of parliament democracy.”
In light of the above, in order to protect the high moral standard of parliamentary democracy, it is the need of hour to give punishment to such persons who have violated the law of Anti Defection and brought disrespect to the parliamentary democracy. Hence the petition filed by BJP Parliamentary party seeking the disqualification and other penal action against Mr. Harisingh Rathod has to be decided immediately because the Anti Defection Law of 10th Schedule also mandates disqualification of the guilty member under Article 102(2) of the Constitution of India from contesting election forever, in the event in present case, if it is found that Mr. Harisingh Rathod is guilty of violation of the provisions of the law governing such defection as a Member of Lok Sabha.
In view of above, we as the soldier - custodian of parliamentary democracy and high moral standards coupled therewith, humbly pray for early decision in the matter of disqualification petition pending against Mr. Haribhau Rathod, since its outcome will have direct bearing upon his nomination as a candidate of forthcoming Lok Sabha election,tiwari added.
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For VIDARBHA JANANDOLAN SAMITI
CC : Her Highness Hon’ble President of India, Rashtrapati Bhavan,
Govt. of India, New Delhi.
Hon’ble Chief Election Commissioner & Other Commissioners,
Election Commission of