Shimla, June 15
In a decision, the Himachal Pradesh High Court ruled in favor of the Speaker of the Legislative Assembly, emphasizing the need for judicial restraint in matters involving the Speaker’s actions.
The case concerned the resignations of three Independent MLAs, culminating in a split decision by a two-judge bench, necessitating a final ruling by a third judge.
The controversy began when Independent MLAs Hoshyar Singh Chambyal and others submitted their resignations on March 22, 2024. The Speaker did not immediately accept these resignations, prompting the MLAs to approach the High Court. They sought an order compelling the Speaker to accept their resignations and nullify the subsequent show-cause notices issued by him. The Speaker questioned the voluntariness of their resignations, suggesting potential political coercion as the MLAs had joined the Bharatiya Janata Party (BJP) the day after resigning.
Initially, the case was heard by Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua. On May 8, 2024, both judges agreed that the relief sought by the petitioners could not be granted. However, they differed on whether the court could impose a timeframe on the Speaker for deciding the resignations’ genuineness. Justice Dua suggested the Speaker be directed to make a decision within two weeks, while Chief Justice Rao maintained that the court lacked the authority to issue such directives to the Speaker.
Due to this split decision, the matter was referred to a third judge, Justice Sandeep Sharma. In the final verdict pronounced on June 14, 2024, Justice Sharma sided with Chief Justice Rao, affirming that the High Court could not compel the Speaker to act within a specific timeframe. The judgment emphasized the principle of separation of powers, underscoring that judicial intervention in the Speaker’s discretionary powers would infringe upon legislative autonomy.
The ruling highlighted that, while the court has the power under Article 226 of the Constitution to issue writs, it must exercise caution and respect the independence of the legislative branch. The judgment also noted the Speaker’s subsequent acceptance of the resignations on June 3, 2024, rendering the specific relief sought by the petitioners moot, but reaffirmed the court’s stance on the broader constitutional issue.
This decision marks a pivotal affirmation of the Speaker’s discretion and the judiciary’s limited role in legislative matters, reinforcing the foundational principles of India’s democratic framework.
Additionally, Speaker Kuldeep Singh Pathania announced the acceptance of the resignations, and the Election Commission issued a notification for the bye-elections for the three now-vacant assembly seats.
Empower Independent Journalism – Join Us Today!
Dear Reader,
We’re committed to unbiased, in-depth journalism that uncovers truth and gives voice to the unheard. To sustain our mission, we need your help. Your contribution, no matter the size, fuels our research, reporting, and impact.
Stand with us in preserving independent journalism’s integrity and transparency. Support free press, diverse perspectives, and informed democracy.
Click [here] to join and be part of this vital endeavour.
Thank you for valuing independent journalism.
Warmly,
Vishal Sarin, Editor
