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Himachal | Congress seeks disqualification of two independent MLAs who joined BJP
In a formal petition to the Himachal Pradesh Vidhan Sabha speaker, Congress Legislative Party leader Mukesh Agnihotri contended that two independent MLAs joined the BJP, which is “illegal and unconstitutional”
The opposition Congress has sought the disqualification of two independent MLAs, Prakash Rana of Jogindernagar constituency and Hoshyar Singh of Dehra seat, who had joined the Bharatiya Janata Party on June 8.
In a formal petition to the Himachal Pradesh Vidhan Sabha speaker, Congress Legislative Party (CLP) leader Mukesh Agnihotri contended, “It is brought to your kind notice that this practice wherein two independent MLAs joined the BJP is illegal and unconstitutional since the same runs contrary to the mandate of the 10th Scheduled of the Constitution of India, which is commonly known as the anti-defection law”.
He said this law was enacted by the Parliament of India by the 52nd Constitutional Amendment in order to ensure that a member who has been elected independently without joining any political party shall be disqualified from the House if he joins any political party after such election.
In order to prevent this kind of unethical practice in politics, the law was further strengthened by way of the 91st Constitutional Amendment.
“In the said case it is amply clear that the two independent MLAs joined the BJP after winning elections as independent candidates and are therefore liable to be disqualified from being a member of the House, said the leader of opposition,” said Agnihotri.
He said such a practice is also being followed in other states and is in consonance with the law and judgment laid down by the Supreme Court of India from time to time. “On behalf of the Himachal Pradesh Congress Legislative Party, I would request you to declare the two MLAs -- Prakash Rana and Hoshyar Singh -- as disqualified from the membership of the Himachal Pradesh Legislative Assembly,” he wrote.
He expressed hope that the speaker will act expeditiously since the faith of the people of Himachal, especially the voters of Joginder Nagar and Dehra constituency, has been breached by the illegal act of the two representatives.
