Shimla, May 8
The three independent MLAs who had resigned from the Himachal Pradesh assembly and later joined BJP have not been able to seek any immediate relief from the High Court of Himachal Pradesh, informed Anup Rattan, Advocate General of Himachal Pradesh. The trio, namely Hoshiyar Singh, Ashish Sharma, and KL Thakur, approached the High Court pleading that the acceptance of their resignation was being deliberately delayed by the Speaker of the Himachal Vidhan Sabha and therefore, the court must intervene. They have pleaded the court to issue relevant directions in the matter to the respondent Speaker of the Himachal Pradesh Vidhan Sabha.
” Considering the high respect to be given the office of the Speaker, and fact that he is the designated authority to decide on resignations of Members of Legislative Assembly under Art.190(3) (b) of the Constitution, and in the absence of any exceptional circumstances, and for the reasons mentioned above, I decline to grant the reliefs sought by petitioners as it would then
amount to ourselves exercising in the first instance the adjudicatory powers conferred on the Speaker by Art.190 of the Constitution of India, which is impermissible in law,” stated court in the directives.
” I hasten to add that I have not expressed any opinion on the voluntariness or genuineness of the resignations submitted by petitioners to the Speaker of the Himachal Pradesh Legislative Assembly.
Accordingly, CMP.No.5314/ 2024 is allowed; CMP.No.5639/2024 is dismissed; and the Writ Petition is dismissed,” ruled the court order.
The division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rawal today, while directing the order, held dissenting or different views, informed Rattan.
Also read: https://himachalscape.com/high-court-of-himachal-pradesh-reserves-judgment-on-independent-mlas-resignation/
“The questions before the court were whether the High Court can issue directions to the Speaker of the Vidhan Sabha or pertaining to this case, when should the resignation by the Speaker be accepted? How soon should it be accepted, i.e., timelines?”, he stated
In the court Chief Justice MS Ramachandra Rao had a view that the post of speaker is a high-level constitutional position and the High Court cannot issue any directions to the same, stated Rattan. Justice Jyotnsna Rawal, however, interpreted that the case before the court pertains to section 226 judicious review,” he added.
” In the given facts and circumstances of the case, the ends of justice would be served in case the Speaker is directed to take decision on petitioners’ resignations within a reasonable time. Looking to the admitted facts as have come out, two weeks would be reasonable time to take decision upon the resignations submitted by the petitioners,” ruled Justice Dua in her ruling of the matter.
Rattan further added that whenever a dissenting view comes forth during the hearing of a case in a division bench, the court transfers the matter to a third judge through the Chief Justice’s office, who will then conduct a rehearing of the matter. The decision taken by the third bench will be deemed final, he stated.
Earlier, during hearings 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.
The petitioners’ side, represented by Manider Singh, had contended that the MLAs had resigned voluntarily, without external influence.
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.
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