Shimla, Apr 30
The High Court of Himachal Pradesh has reserved its decision regarding a writ petition lodged by three Independent MLAs from the state assembly. These legislators, namely Hoshiyar Singh, Ashish Sharma, and KL Thakur, challenged the Speaker’s delay in accepting their resignations. The bench, comprised of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, has reserved its judgment on the matter.
The trio submitted their petition on April 1, 2024, contending that Speaker Kuldeep Singh Pathania had prolonged the acceptance process unduly.
Representing the respondents, Supreme Court lawyer Kapil Sibal defended the Speaker’s actions. He emphasized the Speaker’s absolute authority under the Tenth Schedule of the Indian Constitution to decide on matters concerning MLAs’ status. Sibal asserted that no court directive binds the Speaker’s discretion in such cases. Furthermore, he highlighted that the petitioners’ urgency to have their resignations accepted did not supersede the Speaker’s discretion. Additionally, he mentioned that notices under the Anti-Defection Law were served to the MLAs, although the court clarified that the focus of the hearing was solely on the resignation issue.
On the petitioners’ side, Manider Singh contended that the MLAs had resigned voluntarily, without external influence. However, the Speaker’s counsel argued that the legislators had already joined the BJP before the resignation issue was resolved, potentially invoking the Anti-Defection Law. Sibal pointed out that until their resignations were accepted, the MLAs could not legally join another party without risking defection charges.
The crux of the matter revolved around the MLAs’ right to resign and the Speaker’s prerogative to accept or reject those resignations. The petitioners insisted on their freedom to relinquish their positions, while the respondents underscored the Speaker’s authority to evaluate the resignations judiciously.
The three Independent members, representing constituencies in Dehra (Kangra district), Hamirpur, and Nalagarh (Solan district), tendered their resignations on March 23, 2024. Almost immediately, they publicly announced their affiliation with the BJP. This swift transition prompted legal scrutiny, with questions raised regarding the timing and implications of their resignations vis-à-vis their subsequent political alignment.
The High Court’s decision holds significant implications for the state’s political landscape, particularly concerning the sanctity of resignations and the Speaker’s discretion in such matters. As the court deliberates on this contentious issue, its verdict is eagerly awaited by all parties involved, as it could potentially shape the trajectory of Himachal Pradesh’s political dynamics.
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