Himachal Pradesh Independent MLAs Challenge Delay in Accepting Resignations in High Court

Himachal Pradesh Independent MLAs Challenge Delay in Accepting Resignations in High Court

Three independent members of the Himachal Pradesh Legislative Assembly have submitted their resignations on March 22, but the resignations have not been accepted yet. The three MLAs – Krishna Lal Thakur, Hoshiar Singh, and Ashish Sharma – have now approached the Himachal Pradesh High Court seeking a resolution to the matter.

The High Court heard the case on Thursday, April 25, with a division bench comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua. The petitioners were represented by senior advocate Maninder Singh, while the Vidhan Sabha Secretariat’s case was argued by senior advocate Kapil Sibal.

Maninder Singh, appearing for the independent MLAs, argued that if an MLA resigns of their own free will without any pressure, the resignation should be accepted. However, the Vidhan Sabha Secretariat has not done so in this case.

Kapil Sibal, representing the Vidhan Sabha Secretariat, told the court that the Speaker has the powers granted by the Constitution, and the court cannot interfere in such matters. He can only set a time limit, but the decision to accept or reject the resignation lies with the Speaker.

Justice Jyotsna Rewal Dua questioned why the resignations were not accepted if the MLAs had submitted them voluntarily. Responding to this, Sibal explained that the three independent MLAs had submitted their resignations on March 22 and joined the BJP on March 23. However, even after that, they continued to travel in chartered planes, which prompted the Speaker to issue them a show-cause notice.

The hearing was scheduled for Thursday afternoon, but Sibal expressed his inability to attend, and the High Court has now scheduled the next hearing for April 30 after 4 pm.

The entire case revolves around the resignations submitted by the three independent MLAs – Krishna Lal Thakur from Nalagarh, Hoshiar Singh from Dehra, and Ashish Sharma from Hamirpur. They submitted their resignations on March 22, and on the very next day, March 23, they joined the Bharatiya Janata Party (BJP).

After the resignations were submitted, 12 Congress MLAs filed a complaint with the Vidhan Sabha Speaker, Kuldeep Singh Pathania, alleging that the three independent MLAs were under pressure to resign. Following this, the Speaker issued a show-cause notice to the three MLAs, asking them to explain their actions.

The three independent MLAs have personally appeared before the Vidhan Sabha Speaker to respond to the show-cause notice. However, the Speaker has refrained from taking any decision on the matter, as it is now pending before the Himachal Pradesh High Court.

The High Court’s decision on this case will have significant implications, as it will determine whether the Speaker has the authority to accept or reject the resignations of the independent MLAs, or if the court can intervene in such matters. The outcome of this case will also impact the political dynamics in Himachal Pradesh, as the three independent MLAs’ resignations could potentially alter the balance of power in the state assembly.

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