Court upholds stay on MLA expulsion

OUR CORRESPONDENT

ITAGAR, July 01: The Court of Civil Judge (Junior Division), Yupia upheld the order of the Court of Civil Judge (senior division) passed on May 13 last staying the expulsion order issued by Aruchal Pradesh Congress Committee (APCC) against MLA Kalikho Pul.

The court in its judgment on June 18 observed that “the defendant in their written objection failed to discharge the prelimiry burden to establish that the show cause notice was served upon the Plaintiff. Hence, order of Ld Civil Judge (Senior Division) dated 13. 05. 2015 staying the order of suspension does not warrant interference and should be continued during the pendency of the case”.

While dismissing the objection petition filed by the defendants the Court held that “it is a fit case where prima facie case along with balance of convenience goes in favour of the plaintiff. Hence, the order passed by the Ld. Civil Judge (Senior Division) in Misc. Case (J) No. 51 staying the order of plaintiff’s expulsion is hereby continued during the pendency of the case.”

Meanwhile, Pul said the order manifests that the action of the PCC was totally undemocratic, unjust and illegal which he has been maintaining since the very beginning.

Reaffirming his stand that he has been wrongfully victimised for the persol interest of some individual having deep-rooted political goal, Pul alleged that some particular individuals are surreptitiously using the office of the party organisation for their ulterior motive and vested interest. “The APCC is not the property of any particular individual empowering him to bend or twist the Constitution and Rules of the party for persol political interest,” Pul said.