Supreme Court defers to March 18 plea of disqualified Himachal MLAs

Satya Prakash

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New Delhi, March 12

The Supreme Court on Tuesday deferred to March 18 the hearing on a petition filed by six disqualified Himachal Pradesh rebel Congress MLAs challenging Assembly Speaker Kuldeep Singh Pathania’s February 29 decision to disqualify them under the anti-defection law.

Asking what fundamental rights of the petitioners were violated, a Bench led by Justice Sanjiv Khanna wondered why the petitioners didn’t approach the Himachal Pradesh High Court. The Bench deferred the hearing to next Monday after senior counsel Satya Pal Jain requested for an adjournment on the ground that senior advocate Harish Salve, who was to appear for the petitioners, was unable to join.

“Alright, but tell me one thing…. Why can’t you go to the high court? What is the fundamental right (violated)?” said Justice Khanna. As Jain said they had been elected, Justice Khanna pointed out, “That’s not a fundamental right.” Jain said it was a rare case where within 18 hours the petitioners were disqualified. “That’s disputed by them. Alright, we’ll hear it on Monday,” said the Bench, which also included Justice Dipankar Datta and Justice PK Mishra.