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Delhi HC refuses to entertain plea over Odisha MLAs' disqualification


Press Trust of India New Delhi
Citing lack of territorial jurisdiction, the Delhi High Court has refused to entertain a plea relating to the disqualification of some members of the Odisha legislative assembly under the Office of Profit clause.
Petitioner Samarendra Beura said he had filed the plea in the Delhi HC as advocates in Odisha are on a strike. Beura had sought direction to the Odisha governor in the matter.
Justice Sanjeev Sachdeva dismissed the petition, saying it was not maintainable as the Delhi HC does not have territorial jurisdiction over the case.
The court also referred to a Supreme Court verdict in which it was held that the bar association/council cannot call for a boycott or strike. It had said that courts may turn a blind eye for one day only in rarest of rare cases where the dignity, integrity and independence of the Bar or the Bench are at stake.
The apex court had said that all lawyers must boldly refuse to abide by any call for strike or boycott and no lawyer can be visited with any adverse consequences by the association or the council and no threat or coercion of any nature including that of expulsion can be held out.
The advocates in Odisha have been on strike since October 14 in protest against the collegium not elevating some advocates while clearing other names.
The Orissa High Court Bar Association decided to boycott the courts of the judges of the High Court Collegium after the Supreme Court Collegium recommended appointments of a judicial officer and an advocate as judges of the Orissa High Court.
Justice Sachdeva, while dismissing the plea, said the petitioner has not been able to satisfy as to how he seeks to invoke the jurisdiction of the Delhi High Court for any action taken by the State Legislature of Odisha and for any alleged inaction of the Governor without any cause of action or part of cause of action arising in Delhi.

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First Published: Oct 28 2019 | 3:55 PM IST

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