Bharatiya Janata Party member of Legislative Assembly from Bihar's Nokah constituency Rameshwar Prasad moved the Supreme Court on Monday seeking the payment of salaries to the newly elected members of the state assembly.
Under the proviso to Section 3 of the Bihar Legislature (Members' Salaries, Allowances and Pensions) Act 1960 the members are entitled to their salaries only after they take oath.
But since the new MLAs have not been administered the oath of office due to the imposition of the President's rule in the state, they are not entitled to their salaries.
Prasad argued that Sections 3, 3(a), 4(a), 5, 6 of the Bihar Legislature Act, 1960, stipulated that the salaries should be given to the MLAs from the date their election was notified.
The names of the 243 elected MLAs had been notified under Section 73 of the Representation of the People Act.
Prasad sought a stay of Section 3 and a direction to the state to release the salaries and allowances of the members immediately.
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