SC refuses to stay Speakers order of disqualification of six Congress MLA

Supreme Court of India today refused to stay the February 29 order of Himachal Pradesh Speaker Kuldeep Singh Pathania as the impugned order was challenged by the six disqualified Congress MLAs challenging their qualification. The reason Ben comprising of Justice Sanjeev Khanna and Bushant Kumar Mishra today refused to grant the stay against the impune order passed by the Himachal Pradesh speaker against six MLAs who were disqualified for defying the Congress party within the state assembly during the passing off-budget. Appearing for the Krishna advocate Harish Salave stated that the Whip was issued against the six disqualified MLAs on the 15th of February and 27th directing the petitioner to remain present.

Counsel for Petitioner stated that all the MLAs were present in the assembly but they were disqualified without granting them the opportunity to respond. Mr Salave stated that Congress candidate Abhishek Manu Singhvi was defeated in the RS poll.

Mr Salve said that a copy of the petition was not supplied to six MLAs when they presented in the house on February 27.

Appearing for the speaker, Secretary Vidhan Sabha and Parliamentary Affairs Minister Harshvardhan Kapil Sibal and Abhishek Manu Singhvi opposed the petition stating that sufficient time was given to them for the hearing before the speaker. Mr Sibal stated that the counsel of the petitioner presented before the speaker before passing the order and MLA also received the notices in the matter.

Dictating the order Justice Sanjeev Khanna stated that disqualified MLAs couldn’t be allowed to vote in the assembly and attend proceedings of the house but to seek a response from the respondent court would issue notice. He said that notification would be issued for bye-election on May 7 and the petition would become infaractous. He said that the court could only issue the notice to the speaker to respond to the petition and the court would seek a reply from the respondent before considering if it could issue notice to the election commission to defer the by-election.

The SC said that notice was issued to the respondent Speaker, Vidhan sabha secretary, Parliamentary Affairs minister, and State government to file the reply of the petition within four weeks, and following the reply the petitioners may be given one week to file the rejoinder.

Justice Khanna said that before issuing of notice the court would hear the matter on a week commencing before May 6 and the court may issue notice to ECI to defer by-election if required.

Meanwhile, the Court issued notice on the petition filed by six disqualified members on the February 29 order passed by the speaker in which six MLAs are disqualified as members of the state assembly.

Appearing for the respondents Abhishek Manu Singhvi said a notification issued by the Election Commission couldn’t be stayed by the court under article 394. He said that after issuing of notification the petition filed by MLA should dismissed.

The Division bench of Justice Sanjeev Khana and, Justice Dipankar Dutt passed an order on the appeal filed by the six disqualified Congress MLAs including Rajinder Rana, Sudhir Sharma, Ravi Thakur, Inderdutt Lakhan Pall, Devinder Bhotoo and Chetayana Sharma.

The six disqualified MLAs who were moved to the Supreme Court on March 5 and the SC on March 12 fixed the hearing of this matter on March 18.

The disqualified MLA sought relief from the order issued by the Speaker on Feb 29 stating that they were not given sufficient opportunity to hear by the court.

The six disqualified MLAs also crossed vote in the favour of the BJP candidate on Feb 27 in the Rajaya Sabha election and Congress candidate Abishek Manu Singhvi having 40 members in the state assembly lost from BJP candidate Harsh Mahajan despite the BJP having only 25 MLAs in the state assembly. After the crossing over Rajaya Sabha votes six disqualified MLAs abstain from the discussion on passing of Himachal Pradesh annual budget on Feb 28. The BJP which has only 25 seats in the state assembly not only secured 34 votes in the RS poll due to the deflection of six disqualified MLAs and three Independent but was reduced to a minority in the 15-month-old Sukhwinder Singh Sukhu Congress government in Himachal.

Congress legislative party filed a complaint petition before the Speaker on Feb 27 alleging defying of the whip by the six members of Congress and not attending the passing of financial bills violating the party whip on the two accounts.