Act decisively to disqualify Kiran Choudhry: Congress to Haryana assembly Speaker

Congress leaders Aftab Ahmed and BB Batra said that the Tenth Schedule empowered the Speaker to act suo motu upon awareness of any member’s voluntary relinquishment of party membership.

The Haryana Congress on Tuesday asked assembly Speaker Gian Chand Gupta to act decisively and without any bias to enforce the disqualification provisions under the Tenth Schedule of the Constitution with regards to Tosham MLA Kiran Choudhry.

Tosham MLA Kiran Choudhry had joined the Bharatiya Janata Party last week after quitting the Congress. (ANI File)

Choudhry had joined the Bharatiya Janata Party last week after quitting the Congress. Subsequently, Congress Legislature Party (CLP) deputy leader Aftab Ahmed and chief whip Bharat Bhushan Batra had sent a written notice on her disqualification to the Speaker.

In a written reminder to the Speaker on Tuesday, Congress leaders Aftab Ahmed and BB Batra said that the Tenth Schedule empowered the Speaker to act suo motu upon awareness of any member’s voluntary relinquishment of party membership.

Quoting a Gauhati High Court order, the duo said that the Tenth Schedule does not expressly or impliedly lay down that the jurisdiction of the Speaker can be invoked only by a petition filed by a member of the House.

“Paragraph 6 (decision on question as to disqualification on ground of defection) of the anti-defection law is worded in such a manner as to comprehend also suo motu exercise of jurisdiction by the Speaker. It is no doubt true that the procedure laid down in the rules is, technically speaking, the procedure in regard to petition filed by a member of the House. But the same procedure must be applicable mutatis mutandis in a case where the Speaker takes up for consideration question of disqualification,’’ the Congress leaders said quoting the Gauhati HC order.

“Thus, the absence of a separate petition does not hinder the Speaker’s power. Rather it emphasises his duty to act promptly and uphold constitutional values,’’ the communication said.

Quoting the Tenth Schedule or the anti-defection law, the Congress reminder note said that the role of the Speaker was not just administrative but constitutional also. The anti-defection law is designed to prevent political instability and ensure ethical governance. As the guardian of legislative propriety, it is the Speaker’s duty to act decisively and without bias to enforce the disqualification provisions of the Tenth Schedule, the Congress leaders said.

They said that Kiran Choudhry as per Section 2 (1) (a) of the Tenth Schedule stands disqualified for being member of the House as she has voluntarily given up the membership of Indian National Congress on whose ticket and symbol she was elected an MLA. “Choudhry has incurred a clear disqualification and cannot be counted as a member of the legislative assembly for any intent and purpose as on June 19, 2024. She is no longer a member of the House,’’ Ahmed and Batra had said a notice sent to Speaker last week.