Observers are surprised that neither the chief minister nor the governor has acted on such a delicate issue. Dr. Mishra challenged the Election Commission's decision in the High Court and sought the court's consent to exercise his vote in the presidential election. The court, both a single judge and a two-judge bench, turned down his petition. Now he has preferred an appeal in the Supreme Court.
The most shocking aspect of this affair is the stand taken by some senior state ministers that in spite of the Election Commission verdict he can continue to hold ministerial berth for the next six months. Finance Minister Jayant Mallayya is repeatedly asserting that Mishra can continue in the cabinet. They argue that Mishra can take advantage of the article 164(4) of the Constitution, which says, "A minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister".
But under no circumstances can Mishra take advantage of this provision. It is clear that according to the Election Commission's verdict, he is not qualified to be a member of the legislature. Moreover, nobody who has been a minister by virtue of his being a legislator and has been subsequently disqualified can take advantage of the article 164(4). The Opposition is determined that they will not allow Mishra to continue as minister and also as member of the assembly.
From the day the Election Commission's verdict was announced, Chief Minister Shivraj Singh Chouhan did not utter a word about the controversy. He, however, broke his silence on July 17. He told media persons on the premises of the state assembly that, "I would put up the issue in the party's parliamentary board; whatever decision is taken in the board meeting would be made public."
However, the chief minister has made arrangements by which, in the absence of Mishra, the replies of the Water Resources and Parliamentary Affairs Departments would be given by Finance Minister Jayant Mallayya, while the answers related to the Public Relations Department would be given by Industry Minister Rajendra Shukla in the house.
Besides the Mishra episode, the farmers' agitation and its handing by the state government, particularly police firing killing six persons, the Narmada Seva Yatras etc will figure during the session. Apart from the Opposition members, even the ruling party members are expected to raise these issues, which might appear embarrassing to the government. Foremost among them is the 86-year old former chief minister Babulal Gaur. The government, therefore, has more to worry from within than from the Opposition.
Gaur, who was dropped from the Cabinet on the 75-plus age criteria, has often embarrassed the government by raising uncomfortable questions in the assembly and even in public. For instance, during the violent farmer agitation in June, he had rejected the government allegation that Congress was responsible for fomenting tension, pointing out that the Opposition didn't have the strength for it. Gaur recently announced that he will contest the assembly polls for the 11th time in 2018 from Bhopal seat where he is undefeated since 1974.
In a blow to the ruling dispensation in the state, a special court in Rajgarh on July 17 issued arrest warrant against party MLA Hazarilal Dangi, who, along with his three ‘wives’ and another man, have been accused of buying patta land of people belonging to scheduled caste (SC) community through wrongful means. The court action came after the victims had approached the Special Court in January this year. Acting on their plea, the court on Monday ordered the police to register a case against the MLA. The court also directed the police to arrest and produce accused before it.
Meanwhile, there are indications of renewed agitation by farmers. Hardik Patel, young Patel leader from Gujarat, has announced that he would launch his agitation from July 22. There are also reports that former Prime Minister H.D. Deve Gawda and Bihar Chief Minister may visit Madhya Pradesh to boost the kisan agitation. (IPA Service)
INDIA: MADHYA PRADESH
TROUBLE AWAITS MP GOVT DURING ASSEMBLY SESSION
DISQUALIFIED MINISTER, AGITATIONS INVITE OPPOSITION IRE
LS Herdenia - 2017-07-18 11:07
BHOPAL: The monsoon session of Madhya Pradesh Vidhan Sabha, which began on July 17, is set to prove troublesome for the BJP government. The opposition has announced that it will not allow the proceeding of the Vidhan Sabha unless Dr. Narottam Mishra, disqualified by the Election Commission and debarred from contesting elections for three years, is removed from the cabinet. Not only the opposition, even constitutional experts hold the view that after the Election Commission's verdict he has no right to continue in the cabinet and also as a member of the Assembly. Constitutional expert Subhash Kashyap has expressed the view that Mishra is a legal convict from the day he was declared disqualified and he ceased to be a minister and also a legislator. All facilities enjoyed by him should have been withdrawn. The provision that one can continue as a minister for six months without being a legislator is not applicable to a person who has lost eligibility to contest elections.