On Thursday, March 22nd, six disqualified MLAs from Himachal Pradesh contemplated withdrawing their plea challenging their disqualification from the Supreme Court, hoping to participate in upcoming by-elections.
NEW DELHI: On Thursday (21st March): Six former MLAs are considering withdrawing their plea from the Supreme Court, wherein they contested an order by the Assembly speaker disqualifying them.
A bench headed by Justice Sanjiv Khanna had issued a notice to the speaker’s office and sought a response within four weeks.
Former MLAs who were disqualified suggest that they are considering withdrawing their appeal to participate in the upcoming by-elections for the seats they previously held. This decision follows the Supreme Court scheduling a hearing for their appeal on May 6, after they failed to stay their disqualification by the Himachal Pradesh Assembly Speaker.
The controversy continued after the disqualification of the six legislators—Sudhir Sharma, Ravi Thakur, Rajinder Rana, Inder Dutt Lakhanpal, Chetanya Sharma, and Devinder Kumar Bhutto—on February 29.
They were removed from office because they did not follow a party directive during an Assembly vote, resulting in a notable change in the composition of the house and a decrease in the strength of the Congress party.
The individuals filing the petition have accused violations of natural justice principles, arguing that they were not afforded sufficient opportunity to respond to the disqualification petition.
The Speaker, in a press conference on February 29, declared the disqualification of the six MLAs, citing their violation of the anti-defection law by defying the party whip, leading to their immediate removal from the House.
Initiated by the Himachal Pradesh parliamentary affairs minister, the petition sought their disqualification under the anti-defection law, which penalizes members for voluntarily relinquishing party membership or voting against party directives in the House.
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Despite registering their attendance, the six MLAs abstained from the budget vote in the House, prompting the Speaker to issue notices regarding their defiance of the party whip via WhatsApp and email, summoning them for a hearing.
During the session, the Himachal Pradesh Assembly proceeded to pass the Finance Bill through a voice vote after the Speaker suspended 15 Bharatiya Janata Party (BJP) MLAs, subsequently adjourning the session.
The by-elections, announced by the Election Commission for the constituencies of Dharamshala, Sujanpur, Lahaul and Spiti, Barsar, Gagret, and Kutlehar, have become a center point for these former legislators. They have voiced concerns over the procedural fairness of their disqualification, arguing that it breached principles of natural justice by denying them a fair chance to contest the decision.
In his 30-page order, Pathania said the plea of the rebel MLAs seeking time to reply to the notice was not entertained as the “evidence was absolutely clear.”.
The Speaker emphasized the importance of such instances to uphold democratic integrity and prevent the “Aaya Ram, Gaya Ram” phenomenon, wherein lawmakers frequently switch parties for personal gain.
