Petition filed to dismiss membership of rebel Cong MLA 

A petition was filed against MLA Lakhwinder Singh Rana from Nalagarh Assembly Constituency before the Speaker of Vidhan Sabha Himachal Pradesh on Thursday. The petition alleged breach of the public trust and defection from Congress Legislative party  after Rana joined the ruling BJP.

The Petitioner identified as Sandeep Kumar is a  Congresss worker and resident of Nalagarh moved petition against rebel MLA. Petitioner said that MLA should be disqualified as MLA under Section 2 of Schedule 10m ( Article 102 ( 2 ) and 191 ( 2 ) of the Constitution of India for the remaining term of Legislative Assembly and debar him from contesting future elections on the ground of defection under Anti defection law.

The petitioner said that he is staunch supporter of Congress from the very beginning even when the petitioner had not attained the age of 18 years.  Petitioner said that he has worked tirelessly for INC and not only supported INC, but also voted for INC also and also secured votes for INC by leading acting campaign.

The petitioner said that the MLA had served as member of the Bharatiya Janata Party and also became member of Akhil Bharatiya Vidyarthi Parishad.  Thereafter in the year 1997, respondent became the State president of the Bharatiya Janata Yuva morcha and served till 1998. Thereafter MLA was also appointed as in-charge of the Nalagarh BJP unit.  However, in year 2005, Rana left the BJP and switched affiliation to the Indian National Congress and in the year 2007, he stood as a party candidate for MLA but was defeated by BJP incumbent Hari Naraian Singh. In the year 2008, respondent served as part of the INC in the Solan district, and from 2008 until 2022 , respondent served as a member of the Himachal Congress Executive Committee. It is pertinent to mention here that respondent also served as the vice president of the state party.

After the death of Hari Narayan in the year 2011 he also stood as a candidate of INC in the by- election defeated the BJP candidate.  In the following year, the respondent again contested for a full term in the 2012 Himachal Pradesh Legislative Assembly election under NIC, however, he was defeated by BJP nominee KL Thakur. In the year 2017 Himachal Pradesh Legislative Assembly election, respondent again contested elections on behalf of INC and defeated the then sitting MLA from BJP.  That presently the respondent is a sitting MLA of INC from Nalagarh.

Surprisingly on August 17, 2022 , respondent being working president of the State congress party left the INC and joined the BJP.  On the following day , the respondent was officially suspended from the INC and were barred from re – joining party for next six years.

Petitioner said that respondent MLA had joined the BJP, but despite this the respondent did not resign as MLA from the legislative assembly and is enjoying not only the post of MLA but also the pay and perks and allowances as admissible to the sitting MLA.

The petitioner stated that the respondent has betrayed the trust of the persons or voters who elected the respondent as MLA from INC. “The act and conduct of the respondent as highlighted in the petition displayed that the respondent behaved like a chameleon,” stated the petition.

The respondent has least regard for the wishes and welfare of his supporters, who are affiliated to INC and always work only for his personal interest, it added.

This averment of the petitioner gets support from the fact that though initially the respondent was working for BJP when he started his political carrier, but soon he left BJP and joined INC and after availing the benefit of becoming MLA of Nalagarh Constituency from INC nomination twice, he left not only the INC without any sufficient cause, but also left his voters in lurch.

Petitioner said, “MLA’s own act and conduct has disentitled himself from remain representing himself as MLA of Nalagarh Constituency being INC nominee.” The respondent ought to have resigned from the post of MLA of Nalagarh, but not only this, despite being MLA from INC, still the respondent is participating in the programs announced  BJP at various places.

Respondent deserves to be disqualified as an MLA for the remaining term of legislative Assembly and be debarred from contesting the future election and recovery should be made from him for still drawing entitlement of MLAs against the public mandate which he had betrayed, added the petitioner.

A similar petition has also been moved before the speaker Vipin Singh Parmar by Congresss MLA’s. That is against two Independent MLAs Hoshiyar Singh and Prakash Rana.

Besides, MLA from Kangra Pawan Kajal has also changed sides, but are still enjoying the entitlement of opposition MLA despite officially switching over.