File reply on MLA disqualification plea: Punjab and Haryana High Court

The Punjab and Haryana High Court has directed the state to file a reply on an application seeking time-bound directions to Speaker to decide his plea seeking disqualification of MLA Sukhwinder Sukhi for defecting from the Shiromani Akali Dal (SAD) to the Aam Aadmi Party (AAP).

As the matter came up for hearing, the state counsel verbally opposed the PIL filed by advocate HC Arora asserting that the petitioner had no locus standi. The SAD, which could be termed as aggrieved party, did not file any petition seeking Sukhi’s disqualification.

Arora, on the other hand, contended that Vidhan Sabha Rules governing issue of disqualification made it clear that all persons had locus standi.

After hearing rival contentions, the Bench headed by Chief Justice Sheel Nagu observed that Arora’s petition before the Speaker was submitted on September 4, 2024, but was to be decided.

Arora, a practicing lawyer, had initially moved the court seeking the respondent’s disqualification from membership of the Punjab Legislative Assembly “on account of defection under paragraph 2 of the 10th Schedule of the Constitution of India”, claiming that the matter

was not being decided by the Speaker.