The Himachal Pradesh Congress party has intensified its efforts to hold accountable three Independent MLAs who had previously resigned from the assembly and subsequently joined the Bharatiya Janata Party (BJP). The Congress filed a fresh petition with Speaker Kuldeep Singh Pathania, urging action under the anti-defection law against these legislators.
Congress legislators Jagat Singh Negi and Harish Janartha spearheaded the petition, highlighting the alleged violation of anti-defection regulations by the Independent MLAs. They argued that despite their resignations pending with the speaker, the MLAs defected to the BJP, thus warranting action as per the law.
The trio in question, comprising Hoshiyar Singh, Ashish Sharma, and K L Thakur, had tendered their resignations on March 22, subsequently aligning themselves with the BJP the following day. Their actions came into focus following their support for the BJP nominee Harsh Mahajan in the Rajya Sabha polls on February 27.
Negi emphasized the legal implications, stating, “The Independent MLAs cannot join any party, and in case they do, they are liable for action under the anti-defection law.”
Speaker Kuldeep Singh Pathania confirmed the initiation of the process concerning the Congress petition. He revealed that notices, along with copies of the petition, were served to the three Independent MLAs, who are required to respond by May 4.
Meanwhile, proceedings unfolded in the Shimla High Court on Thursday, where the Independent legislators sought directives for the immediate acceptance of their resignations. However, the case was adjourned until April 30.
Advocate General Anup Rattan, representing the MLAs, disclosed the conclusion of their arguments during the recent hearing, with the speaker’s counsel expected to present their case in the subsequent session.
This legal tussle stems from the speaker’s earlier show cause notice to the legislators, seeking explanations by April 10. Allegations surfaced from 10 Congress MLAs, including ministers, contending that the resignations were coerced, warranting an investigation.
The three MLAs, in response, approached the high court on April 10, prompting the speaker to refrain from making any decisions until the legal matter is resolved. Despite the ongoing dispute, the Independent MLAs maintain the voluntariness of their resignations, pressing for their immediate acceptance.
