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SC agrees to hear review plea on disqualification of MPs, MLAs

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Press Trust of India New Delhi
The Supreme Court has agreed to hear a plea filed by the Centre and other political parties seeking a review of its two landmark judgements disqualifying MPs and MLAs on being convicted and debarring arrested persons from contesting polls.

A bench of justices A K Patnaik and S J Mukhopadhaya decided to hear the review plea, which is normally decided by judges in chamber, in open court and posted the matter for heaing on September 4.

"The language of Order XL Rule 3 of Part VIII of the Supreme Court Rules, 1966 makes it clear that an application for review shall be disposed of by circulation without any oral arguments 'unless otherwise ordered by the Court'.
 

"The Court is of the opinion that it should hear the oral arguments before passing any order on the applications for review. Hence, the Registry is directed to list these two review petitions before the Court for hearing along with other review petitions filed against the same judgement and/or order before the Court for hearing at 2:00P.M. On September 4, 2013," the one-page order said.

The order was passed on a plea of President of Haryana Swatantra Party Ramesh Dalal but the court said it will hear petitions filed by others also.

The review petition was also filed by the Centre which contended that protecting convicted MPs and MLAs from disqualification during pendency of appeal is necessary "to protect the House and to ensure that governance is not adversely impacted".

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First Published: Aug 16 2013 | 10:06 PM IST

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