Why have not you moved HP HC in opposition to disqualification: SC asks insurgent MLAs | India News

The Supreme Court on Tuesday requested six insurgent Congress MLAs, who had cross-voted within the current Rajya Sabha polls in Himachal Pradesh, as to why they haven’t moved the excessive court docket difficult their disqualification.

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had on February 29 disqualified the six MLAs on the Congress’ plea for “defying” the get together whip that required them to be current within the House and vote for the price range.

Their plea difficult the Speaker’s determination got here up for listening to earlier than a bench of Justices Sanjiv Khanna, Dipankar Datta and Prashant Kumar Mishra.

The counsel representing the six petitioners requested the bench to adjourn the matter for both March 15 or March 18, saying senior advocate Harish Salve, who would seem for them, was not in a position to be part of the proceedings.

“But tell us one thing, why didn’t you go to the high court?” Justice Khanna requested.

When the counsel mentioned the petitioners have defined the explanations within the petition and so they have been elected as MLAs, the bench noticed, “That is not a fundamental right”.

“It is rare case where within 18 hours, the Speaker disqualified us,” the counsel mentioned.

The bench posted the matter for listening to on March 18.

The petitioners have made Pathania, state Parliamentary Affairs Minister Harsh Vardhan Chauhan and others as get together respondents of their plea filed within the high court docket.

These Congress rebels, who had voted in favour of BJP nominee Harsh Mahajan within the Rajya Sabha polls on February 27, later “abstained” from voting on the Budget.

Following their disqualification, the efficient power of the House has gone all the way down to 62 from 68, whereas the variety of Congress MLAs has shrunk to 34 from 40.

The insurgent MLAs, of their petition, have alleged violation of the precept of pure justice, claiming they didn’t get sufficient alternative to reply to the disqualification petition.

Announcing the disqualification of the six MLAs at a press convention on February 29, the Speaker had mentioned they attracted disqualification below the anti-defection legislation as they defied the get together whip. He dominated that they ceased to be members of the House with fast impact.

The petition in search of their disqualification was filed by the Parliamentary Affairs Minister earlier than the Speaker for defying the whip that required them to be current within the House and vote for the price range.

Under the anti-defection legislation, any elected member who offers up the membership of a political get together voluntarily or votes or abstains from voting within the House, opposite to any course issued by his political get together, is chargeable for disqualification.

These MLAs had signed the attendance register however abstained from the House throughout the voting on the Budget, the Speaker mentioned.

These members have been issued notices for defying the whip via WhatsApp and e-mail and have been requested to look for the listening to.

The Assembly had handed the Finance Bill by voice vote after the Speaker suspended 15 BJP MLAs. The Speaker had then adjourned the session.

In his 30-page order, he mentioned the plea of the lawyer of the insurgent MLAs, senior advocate Satya Pal Jain, for giving time to answer to the discover was not entertained as “evidence was absolutely clear”.

The Speaker mentioned delivering fast judgment was obligatory in such instances to take care of the dignity of democracy and examine the “Aaya Ram, Gaya Ram” phenomenon.

The judgment had no hyperlink with cross-voting by these MLAs within the Rajya Sabha polls, the Speaker added.

First Published: Mar 12 2024 | 12:55 PM IST