Why didn’t you go to HC: Top court to disqualified HP MLAs

Himachal Pradesh assembly speaker Kuldeep Singh Pathania disqualified the six Congress MLAs on February 29 for “defying” the party whip during the vote for the state budget

The Supreme Court on Tuesday asked six rebel Congress legislators, who have challenged their disqualification from the Himachal Pradesh assembly under the anti-defection law, to point out the fundamental right violation for which they have directly moved the top court and not the high court.

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Himachal Pradesh assembly speaker Kuldeep Singh Pathania disqualified the six Congress MLAs on February 29 for “defying” the party whip during the vote for the state budget. The MLAs challenged the order before the top court.

As the matter came up before a bench headed by justice Sanjiv Khanna, senior advocates Satya Pal Jain and Abhinav Mukherjee, representing the six rebel MLAs, sought an adjournment, saying senior advocate Harish Salve who would appear for them was not able to join the proceedings.

“Tell us, why can’t you go to the high court?” the bench, also comprising justices Dipankar Datta and PK Mishra asked the counsels. “What is the fundamental right involved?”

When the counsel said the petitioners have explained the reasons in the petition and they were elected as MLAs, the bench observed, “That is not a fundamental right”.

The petition has been filed under Article 32 of the Constitution, which enables a citizen to approach the top court for enforcement of fundamental rights. To this, Jain said, “These are elected legislators. It is a rare case where they have been disqualified within 18 hours (from the time they received notice and judgement reserved by the speaker).”

As this was disputed by the other side appearing on caveat, the court posted the matter for hearing to March 18.

The petitioners have made Pathania, state parliamentary affairs minister Harsh Vardhan Chauhan and others as party respondents in their plea filed in the top court.

The rebel Congress MLAs, Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal, Devinder Kumar Bhutoo, Ravi Thakur and Chaitanya Sharma, had also voted against party candidate Abhishek Manu Singhvi, resulting in his defeat in the election to the lone Rajya Sabha seat in the state on February 27.

Following their disqualification, the effective strength of the House has gone down to 62 from 68, while the number of Congress MLAs has shrunk to 34 from 40.

The rebel MLAs, in their petition, have alleged violation of the principle of natural justice, claiming they did not get adequate opportunity to respond to the disqualification petition.

Announcing the disqualification of the six MLAs at a press conference on February 29, the speaker had said they attracted disqualification under the anti-defection law as they defied the party whip. He ruled that they ceased to be members of the House with immediate effect.

The judgment had no link with cross-voting by these MLAs in the Rajya Sabha polls, the speaker had said at the time.