Restrain Kiran from voting in RS poll, Congress asks Speaker
Tribune News Service
Chandigarh, July 30
Congress has filed a fresh petition for the disqualification of Tosham MLA Kiran Choudhry before Haryana Legislative Assembly Speaker Gian Chand Gupta and requested him to restrain her from voting in Rajya Sabha elections.
Congress MLAs, Mewa Singh and Induraj Singh Narwal, submitted that Choudhry’s defection occurred on June 18 when she voluntarily resigned from primary membership of the Congress. The next day she joined the BJP.
They said, “This act constitutes defection, defined as desertion from allegiance, loyalty, duty or the like. That despite her disqualification under the Tenth Schedule of the Constitution of India, the Respondent (Kiran Choudhry) continues to serve as a member of the Haryana Legislative Assembly. This is a clear violation of the Constitution.”
The MLAs further said, “That it is the duty cast upon the Chairman or the Speaker to carry out the mandate of the constitutional provision under the Tenth Schedule irrespective of the fact that whether a petition in this regard has been filed or not. The constitutional duty to enforce the provisions of the Tenth Schedule is imperative and cannot be circumvented by procedural actions.”
Quoting Dr Mahachandra Prasad Singh vs Chairman, Bihar Legislative Council and others, they pointed out that even if a petition is withdrawn, it will make “no difference as a duty is cast upon the Chairman or its Speaker to carry out the mandate of the constitutional provision viz. the Tenth Schedule”.
In an application for interim relief, MLAs Mewa Singh and Induraj Singh Narwal, submitted for restraining Choudhry from acting as a member of the Haryana Vidhan Sabha “in any manner as she has incurred disqualification”. They added that Choudhry “does not stand qualified to vote in Rajya Sabha elections”. “Therefore, failure to grant the interim relief sought will result in irreparable loss and damage to the democratic process of the State, undermining the rule of law and constitutional governance,” the MLAs said.
They added as the BJP government is in the minority, allowing Kiran Choudhry to vote for the BJP “would constitute an illegal act and irreparable harm to the integrity of the democratic process of the Haryana Legislative Assembly”.
The Speaker has already dismissed the previous notice and petitions filed by Congress MLAs, Deputy CLP leader Aftab Ahmed and Chief Whip BB Batra, citing technical grounds.
