Himachal MLA Disqualification: Confusion Over Anti-Defection Law ProvisionHimachal MLA Disqualification: Confusion Over Anti-Defection Law Provision Raises Questions

Himachal MLA Disqualification: Confusion Over Anti-Defection Law Provision Raises Questions

The disqualification of six rebel Congress MLAs in Himachal Pradesh has sparked controversy, with legal experts questioning the specific provision cited in the official notification.

Notification Cites Incorrect Provision?

The notification issued by the Himachal Pradesh Vidhan Sabha Secretariat mentions Para 2(1)(a) of the Tenth Schedule to the Constitution of India (Anti-Defection Law) as the basis for disqualification. However, Advocate Hemant Kumar argues that this provision is inapplicable in this case.

Para 2(1)(a) deals with situations where an MLA voluntarily resigns from their party. According to Kumar, the relevant provision for this case should be Para 2(1)(b), which addresses situations where an MLA votes or abstains from voting against their party’s whip without prior permission and the party doesn’t condone it within 15 days.

Grounds for Disqualification:

The disqualification stems from the six MLAs defying the Congress party whip during the passage of the Budget (Appropriation/Finance Bill) in the Assembly on February 28, 2024. As per the ruling party’s view, this act violates the Anti-Defection Law, leading to their disqualification.

Confusion and Legal Challenge Anticipated:

The mention of the incorrect provision in the notification raises concerns about potential procedural errors. Hemant expects legal challenges to the disqualification order, citing the incorrect provision and the expeditious manner in which it was issued.

Possible Course of Action:

As per a Supreme Court judgment, disqualification orders by the Speaker under the Anti-Defection Law can be challenged in the High Court. The Court can even direct the Election Commission of India (ECI) to postpone by-elections until the matter is settled.

Timeline and Potential Scenarios:

The law mandates holding by-elections within six months of vacancy occurrence, which in this case would be by August 28, 2024. However, considering the upcoming General Elections to the 18th Lok Sabha in April-May 2024, the ECI might choose to conduct the by-elections simultaneously with the Lok Sabha polls.

Conclusion:

The disqualification of the six MLAs has triggered a legal debate and raised questions about the accuracy of the applied provision. The possibility of legal challenges and the upcoming Lok Sabha elections add further complexity to the situation, making it crucial to monitor how this unfolds in the coming months.

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