Shimla, Apr 25
The High Court of Himachal Pradesh deferred the hearing on a writ petition filed by three Independent MLAs against the Speaker of the Himachal Pradesh Vidhan Sabha. The division bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua postponed the matter until April 30, 2024. Originally scheduled for a hearing earlier in the week, the court adjourned the proceedings to address the complexities of the case.
The petition, lodged by Hoshiyar Singh, Ashish Sharma, and K.L. Thakur, sought judicial intervention to compel the Speaker to accept their resignations from the Vidhan Sabha. Filed on April 1, 2024, the petition contended that the Speaker’s refusal to acknowledge their resignations violated their rights and duties as elected representatives.
The crux of the dispute stemmed from events unfolding since March 22, 2024, when the three Independent MLAs tendered their resignations in pursuit of fresh elections. Notably, these resignations followed the trio’s shift in political allegiance, transitioning from supporting the Sukhvinder Singh Sukhu government to joining the BJP on March 24, 2024. However, Speaker Kuldeep Singh Pathania declined to accept their resignations, citing concerns raised in a complaint lodged by Parliamentary Affairs Minister Harshvardhan Chauhan and Revenue Minister Jagat Singh Negi.
The complaint alleged that the Independent MLAs had resigned under the influence of inducements from the BJP, rather than exercising their independent judgment. It contended that the resignations were not tendered freely and should therefore not be accepted. This contention formed a critical component of the Speaker’s defense, articulated by Senior Counsel Kapil Sibal during the court proceedings.
In response, the Independent MLAs asserted their autonomy and maintained that the Speaker had no authority to withhold their resignations indefinitely. They argued that their decision to resign was a legitimate exercise of their democratic rights and should be respected accordingly.
As the legal battle unfolded, the High Court’s decision held significant implications for the political landscape of Himachal Pradesh. The outcome of the case would not only determine the fate of the three Independent MLAs but also set a precedent for the acceptance of resignations and the exercise of authority within the state legislature.
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