The Supreme Court questioned six rebel Congress MLAs in Himachal Pradesh about their failure to approach the high court to challenge their disqualification. These MLAs had sided with Bharatiya Janata Party (BJP) candidates during the Rajya Sabha polls, prompting the Congress to file a plea against them for defying the party whip.
Responding to the Congress’s plea, Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania disqualified the six MLAs on February 29. Among those disqualified were Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal, Devinder Kumar Bhutoo, Ravi Thakur, and Chetanya Sharma. As a result, the effective strength of the House decreased to 62 from 68, with the Congress MLAs declining to 34 from 40. Subsequently, these MLAs challenged the Speaker’s decision in the Supreme Court.
During the hearing, the counsel representing the petitioners requested an adjournment to either March 15 or March 18, citing the unavailability of senior advocate Harish Salve, who would be representing them.
The court raised doubts over the maintainability of the petition under Article 32 of the Constitution, questioning which fundamental right of the petitioners was violated. Justice Khanna queried why the MLAs hadn’t approached the high court. The counsel explained that the reasons were outlined in the petition, emphasizing that the MLAs were elected as per constitutional provisions. The rebel MLAs alleged a violation of the principle of natural justice, claiming they were not given adequate opportunity to respond to the disqualification petition.
The bench observed that such a claim did not constitute a fundamental right. The counsel argued that the Speaker’s swift disqualification decision, within 18 hours, was unusual. The bench acknowledged the dispute regarding the timing of the disqualification.
The matter was adjourned for further hearing on March 18.
These Congress rebels had supported BJP nominee Harsh Mahajan during the Rajya Sabha polls on February 27, leading to the defeat of senior Congress leader Abhishek Singhvi. Subsequently, these MLAs abstained from voting on the Budget.
