CHANDIGARH:  Punjab Congress MLA Sukhpal Singh Khaira on Wednesday submitted a memorenmdum to the Governor of Punjab Gen. S.F.Rodrigues (retd) seeking  to declare void the notification issued by Secretary Punjab Vidhan Sabha, expelling former Punjab Chief Minister Captain Amarinder Singh from house on corruption charges.

Khaira in his letter to Governor said that the notification pertains to the expulsion of Capt. Amarinder Singh MLA from 76-Patiala Town Assembly constituency of Punjab.  According to the notification Capt. Amarinder Singh has been expelled from the membership of the 13th Punjab Vidhan Sabha, thus the seat 76-Patiala Town assembly constituency has fallen vacant with effect from 10th Sept. 2008. A copy of the said notification has been sent to the Secretary, Election Commission of India, all MLA's of Punjab and other various departments of the Govt.

He said that according to law and laid down principles of the constitution the above stated notification is totally illegal, unconstitutional, arbitrary and a display of vengeance against an elected member of the august house. It is violation of Article 21 of our constitution, according to which no one can be deprived of free and fair trial. In this case there seems to be a tearing hurry and malafide intention not only of the Govt. of Punjab but as well as the staff of the Punjab Vidhan Sabha. The motion to expel Capt. Amarinder Singh was passed in the Vidhan Sabha on the 10th Sept. 2008 and within minutes the staff under directions and pressure of the Govt. is issuing the said notification also on the 10th Sept 2008. Probably the lust and malice of the rulers at the helm could not wait to follow any legal procedure.

Khaira stated that in any case the Secretary of the Punjab Vidhan Sabha, is not in any legal way entitled to declare an assembly seat vacant. This issue of declaring a seat vacant lies with the Election Commission of India in accordance with the provisions of the Representatives of Peoples Act. No seat can be declared vacant without giving any appropriate time frame of appeal to various higher courts of India. Also according to Article 194, the member so found guilty of a corrupt practice must be sentenced to five years or more of imprisonment, so that the Election Commission of India can declare an assembly seat vacant.

He requested the Governor that being the constitutional head of the state the Vidhan Sabha is summoned and ordered Sine-Die according to your directions. "Therefore I demand that the said illegal and unconstitutional notification be declared null and void and those indulging in unconstitutional working be punished in accordance with the laid down law", he added.