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Two assembly seats fall vacant as HC rejects petition

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  14 Jan 2016 12:00 AM GMT

FROM OUR CORRESPONDENT

Itagar, Jan 13: In a sudden turn of events, the Gauhati High Court bench headed by Chief Justice (Acting) M R Pathak and Justice T Vaiphei on Tuesday rejected the petition of MLAs Gabriel Deng Wangsu and Wanglam Sawin, who had challenged Legislative Assembly Speaker bam Rebia’s decision to accept their resigtions.

“The statue undoubtedly provides for a contingency of non-compliance with the provision with respect to the giving of reason for the resigtion, mely, the speaker shall have to omit such words or phrases or matter while reading out the resigtion in the house. No other contingency, much less, pelty, is provided for the Rules for failure/refusal/omission other conditions of rule 200 (1) of the Rules. After examining the case from all angles, we are satisfied that the speaker has not violated any mandatory provision of law in not rejecting the rejection letters of the petitioners, and is rather correct in accepting the resigtion letters of the petitioners. In any case, by such omission, no prejudice is caused to the house or the public,” the HC ruled.

Both the MLAs have tendered resigtions to Rebia on September 16, which was accepted by the latter on September 30. The speaker subsequently issued a notification on October 1 saying the two seats fell vacant and ECI would be informed accordingly.

The MLAs have moved the High Court, which on

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