Supreme Court to hear disqualified Himachal Pradesh MLAs' petition on Monday

New Delhi, March 17

The Supreme Court will on Monday take up a petition filed by six disqualified Himachal Pradesh rebel Congress MLAs challenging state Legislative Assembly Speaker Kuldeep Singh Pathania’s February 29 decision to disqualify them under the anti-defection law.

The six rebel Congress MLAs — Sudhir Sharma, Ravi Thakur, Rajinder Rana, Inder Dutt Lakhanpal, Chetanya Sharma and Devinder Kumar Bhutto — were disqualified for defying a Congress whip to be present in the House and vote in favour of the Himachal Pradesh government during the cut motion and budget.

They had cross-voted in the recent Rajya Sabha polls in Himachal Pradesh, resulting in the defeat of Congress candidate Abhishek Manu Singhvi.

The matter is listed before a Bench of Justice Sanjiv Khanna and Justice Dipankar Datta on March 18.

Asking what fundamental rights of the petitioners were violated, the Bench had on March 12 wondered why the petitioners didn’t approach the Himachal Pradesh High Court.

The Bench deferred the hearing to March 18 after senior counsel Satya Pal Jain requested for an adjournment on the grounds that senior advocate Harish Salve, who was to appear for the petitioners, was unable to join the proceedings.

“All right, but tell me one thing… Why can’t you go to the high court? What is the fundamental right (violated)?” Justice Khanna had asked.

As Jain said they had been elected, Justice Khanna had pointed out, “That’s not a fundamental right.”

Jain had argued that it’s a rare case where within 18 hours the petitioners were disqualified.

The rebel Congress MLAs were disqualified for defying a party whip during the Budget session.

Alleging that they were not given adequate opportunity to respond to the disqualification petition, the rebel Congress MLAs submitted that it amounted to violation of the principles of natural justice.