Vidarbha JanAndolan Samiti
1) Hon’ble Smt. Soniaji Gandhi
Hon’ble President – All India Congress Committee,
2) Mr. A.K. Anthony – AICC General Secretary Incharge of Maharashtra,
3) Mr. Ahmed Patel, Political Advisor to AICC, President,
4) Mr. Mallikarjun Kharge, AICC Observer for Maharashtra,
Reg : Lok Sabha Election – 2009 :
Maharashtra State – Yavatmal / Washim Lok Sabha Constituency.
Sub : Parliamentary Committee Report found Mr. Harisingh Rathod guilty of Anti Defection Law : Report submitted on Disqualification Petition pending before Hon’ble Speaker – Lok Sabha against 14th Lok Sabha Member – Harisingh N. Rathod.
Ref : Our demand not to nominate Mr. Harisingh N. Rathod as Congress Candidate from Yavatmal – Washim L.S. Constituency of Maharashtra State because now disqualification of Mr. Rathod from holding office of M.P. is almost certain.
Hon’ble Madam / Sirs,
Further to our petition before Hon’ble Speaker of Lok Sabha requesting him for early decision in the matter of disqualification petition pending before speaker against Sh. Harisingh N. Rathod, then MP of 14th Lok Sabha, we have come to know that Parliamentary Committee of Lok Sabha has already found Mr. Rathod guilty of Anti Defection Law and its report has already been submitted to the Office of the Hon’ble Speaker.
Now, as per the provisions of Constitution of India under Article 102(2)
“A person shall be disqualified for being a
member of either House of Parliament if he is so
disqualified under the Tenth Schedule.”
Similarly, now since in the petition filed by BJP Parliamentary Party against Mr. Rathod under Tenth Schedule of the Constitution of India, the Parliamentary Committee has found him guilty of the offences committed by Mr. Rathod, it is likely that Mr. Rathod will be disqualified for being a Member of the either House of Parliament as he is being disqualified under Tenth Schedule.
The cause of action for disqualification was arose in July, 2008 when Mr. Rathod defied the whip and remained absent. The disqualification petition is under process and his resignation from Lok Sabha on 05-01-2009 will not have any bearing upon the outcome of the disqualification petition which has to be decided on merit, in view of the settled law in the following cases :-
- Ravi S. Naik Vs Union of India, AIR 1994 SC 1558 / (1994) Sup (2) SCC
- S. R. Bommai and others Vs Union on India and others, AIR 1994 SC 1918 / (1994) 3 SCC 1
- Kihota Hollahan Vs Zachilhu and others, AIR 1993 SC 412 / (1992) 1 SCC 309
- Mayawati Vs Markandeya Chand & others, (1998) 7 SCC 517
Now as Mr.Rathod is seeking reelection from Yavatmal-Washim Parliamentary Constituency once again as the proposed candidate of Indian National Congress which he has joined recently, the pending petition filed under Tenth Schedule by BJP against Mr. Rathod will have direct bearing upon the candidature and/or the eligibility of Mr. Rathod as either contesting parliament election and/or from becoming Member of Parliament, even if he is elected in the meantime.
In view of above, you are kindly requested to kindly take note of this and not to waste energy on the candidate who is likely to be disqualified in the pending disqualification petition.
For VIDARBHA JANANDOLAN SAMITI