The Himachal Pradesh High Court reserved the order on the contentious issue of resignation by independent MLAs. The case was heard by a division bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua.
Senior Supreme Court advocate Kapil Sibal, representing the Speaker of the Assembly, presented arguments via video conferencing, asserting that the acceptance or rejection of the independent MLAs’ resignations falls within the administrative purview of the Speaker. Sibal highlighted the circumstances surrounding the resignations, noting that they were tendered on March 22, followed by the MLAs joining the BJP on March 23 and embarking on a charter plane tour on March 24. He questioned the voluntary nature of the resignations given these events and emphasized that the Speaker holds authority in this matter, free from interference by the governor or the court.
On the opposing side, senior advocate Manindra Singh, representing the petitioners, argued that the resignations submitted by the independent MLAs should be accepted as they were voluntarily tendered. Singh stressed the MLAs’ right to resign and contest elections, urging the court to uphold their decision.
The court, after hearing arguments from both parties, opted to reserve its decision. The crux of the issue revolves around three MLAs who had previously voted in favour of the BJP during the Rajya Sabha elections. Subsequently, their resignations were submitted to the Speaker, who issued them a show cause notice instead of accepting the resignations. Dissatisfied with this response, the MLAs approached the High Court seeking acceptance of their resignations.
