Monday, February 13 2006 12:58 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (Feb 13,2006) transferred to itself all writ petitions filed in the Delhi High Court by 10 MPs challenging their expulsion from Parliament in the 'cash-for-query' scam.

A Bench of Chief Justice Y K Sabharwal, Justice C K Thakker and Justice R V Raveendran, however, refused to pass an interim order vis-a-vis stay of elections for the vacancies likely to be caused by the "cessation" of their membership.

Posting the matter for hearing in the week commencing February 27, the Court said all prayers for interim relief's, including accommodation and other facilities availed by the members, shall be considered then.

Appearing for the expelled MPs, senior counsel P N Lekhi said according to Article 101(4) of the Constitution, the expelled MPs would cease to be members of Parliament ifthey do not sign the Register for 60 consecutive days.

He urged the Court to direct the Election Commission not to issue notification for filling the vacancies likely to be caused by their cessation.

Lekhi also pointed out that the Estate Officer has issued eviction notices to the 11 expelled MPs asking them to vacate the premises or pay market rent for their bungalows.

He suggested that while transferring the petitions, the Court could allow the expelled MPs to sign the Register without attending the House or taking part in the proceedings.

He said the EC should be directed not to initiate the election process as once it begins, the courts cannot interfere in the matter.

Attorney General Milon K Banerjee, however, said the Court should order transfer of the petitions first and then the prayer for interim reliefs can be considered at a later stage as the EC was yet to issue notification for the polls.

As per Parliamentary rules, if members do not sign the Register for 60 consecutive days, they lose their membership.

The EC is to complete the process for filling the vacancies within six months.

The apex Court asked EC counsel S Muralidharan to seek instructions from the Commission on the interim reliefs sought by the petitioners and inform the Court.