Shimla, Apr 25
As the resignation matter of three independent MLAs from the Himachal Vidhan Sabha is already pending in the State High Court, they now find themselves embroiled in a complex web of party affiliations, and the looming threat of disqualification under anti-defection law. In a political saga reminiscent of intrigue and maneuvering, their actions of swiftly joining a new party, has set the stage for another battle with far-reaching implications.
Jagat Singh Negi, the Revenue minister, revealed that a petition was filed with the Assembly Speaker, asserting that the independent MLAs had not resigned of their own accord and that action should be taken against them in light of Anti defection law. Reportedly, the Speaker has now initiated an investigation into the matter, underscoring the seriousness of the allegations surrounding the resignation process.
Noteworthy that the three independent MLAs have already filed their case in the High Court, seeking expedited acceptance of their resignations. However, amidst this legal battle, they made a surprising move by joining the Bhartiya Janata Party (BJP) before their resignations were officially accepted. This strategic decision is believed to have significant implications under anti-defection law.
This drama began when the independent MLAs resigned from their seats a few days after voting in favour of BJP Rajya sabha candidate Harsh Mahajan in the poll. This move sparked controversy and raised questions about the voluntariness of their resignations.
Also, adding another layer to the unfolding drama, Shimla Urban MLA Harish Janartha has submitted a request letter to the High Court, advocating for being heard during the legal proceedings as a party.
The swift transition to the BJP without formal acceptance of their resignations raises red flags regarding potential violations of anti-defection law. According to the norms, until resignations are accepted, independent MLAs are prohibited from affiliating with any political party. Experts on the subject believe that this maneuver places them within the purview of anti-defection regulations, subjecting them to possible disqualification for six years.
As the legal proceedings progress, the fate of the three independent MLAs hangs in the balance. The High Court’s decision will not only determine the validity of their resignations but also the legality of their party switch and potential disqualification under anti-defection laws. The outcome of this case will reverberate throughout the political landscape, setting precedents for future instances of defection and resignation.
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