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Himachal minister files plea with speaker seeking independent MLAs’ disqualification

Himachal’s horticulture and revenue minister Jagat Singh Negi said the three independent MLAs joined the Bharatiya Janata Party (BJP) even before their resignations were accepted

Published on: Apr 26, 2024, 05:26:38 IST
By , Shimla
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Horticulture and revenue minister Jagat Singh Negi has filed a petition with speaker Kuldeep Singh Pathania, seeking action against three independent legislators under the anti-defection law .

Himachal’s horticulture and revenue minister Jagat Singh Negi (HT File)
Himachal’s horticulture and revenue minister Jagat Singh Negi (HT File)

Negi, while addressing media men at the Congress head office, said the three independent MLAs Hoshiyar Singh from Dehra, KL Thakur from Nalagarh, and Ashish Sharma from Hamirpur joined the Bharatiya Janata Party (BJP) even before their resignations were accepted.

“BJP used every influence to destabilise the government. The three independents had submitted their resignation from the Vidhan Sabha to the speaker. We too had demanded an inquiry against the three to ascertain the reasons for their resignation. The inquiry was pending before the speaker, but the three joined the BJP,” he said.

“The three independents did not resign from the Vidhan Sabha on their own. We have filed a petition before the speaker seeking action against them under the anti-defection law,” the minister added.

Notably, the three independent MLAs had also filed a petition before the Himachal Pradesh high court challenging the constitutional authority and the delay in accepting their resignation

The case was listed for hearing before the division bench comprising chief justice Ms Ramachandra Rao and justice Jyotsana Rewal Dua The high court had directed the speaker to file his reply by April 24.

The court had fixed a hearing for the case for April 30.

“The independent MLAs elected for five years can vote for anyone. Why are these people putting a burden on the treasury of Himachal by resigning? Under Article 190 of the Constitution, the speaker has the right to ask the MLAs why they did so,” advocate general Anup Rattan said.

Three independent MLAs had resigned from their posts on March 22, but their resignations were still pending before the speaker. The MLAs then approached the court.

The three independents were backing the Congress-led state government since the 2022 polls, but along with the six Congress rebels voted in favour of the Bharatiya Janata Party candidate Harsh Mahajan in the Rajya Sabha elections held in February. Consequently, Mahajan and his rival, Congress’ Abhishekh Manu Singhvi, polled 34 votes each. The former won the elections in the draw of lots.