Today (12th March) the Supreme Court considered the appeal on 18th March of six dissenting Congress leaders from Himachal Pradesh, challenging the Assembly Speaker’s ruling to remove them from their positions as Members of the Legislative Assembly (MLAs).The bench, comprising justices Sanjiv Khanna, Dipankar Datta, and Prashant Kumar Mishra, considers the plea challenging the Speaker’s decision made on February 29
NEW DELHI: Today (12th March): The Supreme Court is scheduled to consider the plea on 18th March of six rebel Himachal Pradesh Congress leaders contesting the decision of the Assembly Speaker to disqualify them as Members of the Legislative Assembly (MLAs).
The bench, comprising Justice Sanjiv Khanna, Justice Dipankar Datta, and Justice Prashant Kumar Mishra, considers the plea challenging the Speaker’s decision made on February 29. In their petition to the highest court, the rebel legislators have included Mr. Pathania and state Parliamentary Affairs Minister Harsh Vardhan Chauhan as respondents.
Justice Khanna asked, “Could you clarify what is a fundamental right?”
Jain replied, “We’ve been elected…” Justice Khanna interjected, “That doesn’t qualify as a fundamental right.” Jain continued, “It’s an exceptional circumstance where we were disqualified within 18 hours.”
Justice Khanna remarked, “They contest that claim. Very well, we’ll address this matter on Monday.”
Background
A petition lodged by six rebel MLAs of the Congress challenging their expulsion from the Himachal Pradesh assembly will come under scrutiny in the Supreme Court.
The expelled MLAs had revolted against their own government by engaging in cross-voting during the Rajya Sabha election in February, instigating a constitutional crisis in the state.
Chaitanya Sharma, the disqualified Congress MLA from the Gagret constituency, along with others, has filed the petition questioning the Himachal assembly speaker’s ruling to disqualify them under the anti-defection law for disregarding the party’s directive.
READ ALSO: Suspension of CAA || Muslim Body (IUML) Filed Petition Before the Supreme Court
The state has also lodged a caveat with the apex court.
Among the other disqualified MLAs who have initiated the petition are Davinder Kumar Bhutto from Kutlehar, Inder Dutt Lakhanpal from Barsar, Rajinder Rana from Sujanpur, Ravi Thakur from Lahaul-Spiti, and Sudhir Sharma from Dharamshala.
The verdict of the court is anticipated to carry significant implications for the state. During the recently concluded budget session of the assembly, the Congress party issued a notice, requiring all 40 MLAs to be present during the session while passing the cut motion and budget.
In a complaint addressed to Speaker Kuldeep Singh Pathania, Parliamentary Affairs Minister Harshvardhan Chauhan alleged that the aforementioned six MLAs had violated the party rules. Consequently, a hearing was conducted based on this complaint, and the speaker, acting as the tribunal chairman under the anti-defection law provisions, disqualified them for violating the party’s directive.
