SC: Sibal concern pain towards MP/MLAs case which became ‘Infructuous’

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

On Wednesday, the Senior Advocate Kapil Sibal has told the Supreme Court that he was pained to see the cases on MPs/MLAs disqualification becoming infructuous on account of delay caused by adjournments.

The writ petition is filed by Congress MLA Vinay Saxena seeking to declare the disqualification of 22 MLAs who had resigned from the Congress party after Jyotiradithya Scindia joined the BJP which leads to overturn the KamalNath Government.

Upon hearing, the Sibal remarked that “the Rajasthan Assembly was heard on a day-to-day basis, the cases relating to the disqualification of MLA’s in Goa & Tamil Nadu are still ‘languishing’. Therefore, there has to be a uniform standard for adjourning such matters.”   

Moreover, the Sibal expressed his views that “I am only expressing my pain. There has to be some norms in deciding cases having element of urgency.” And also informed the Apex Court that the bye-elections to the constituencies which became vacant on account of the resignation of MLAs were held on November 3.

While observing the plea, the bench headed by Chief Justice of India, SA Bobde replied that the adjournment in the case was sought by both sides on different occasions.

Hence, before dismissing the petition the Chief Justice of India has stated that “Anyway we will bear in mind this aspect and reject such requests of adjournment” which is infructuous.   

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