By junking plea against Kiran Choudhry, Haryana Speaker mocked Constitution: Congress

Chandigarh, July 26

The Congress today took on Haryana Legislative Assembly Speaker Gian Chand Gupta for dismissing its petition on disqualification of Tosham MLA Kiran Choudhry and alleged that he had acted in a biased manner and had mocked the Constitution.

Holding a press conference, party’s chief whip BB Batra and Deputy CLP leader Aftab Ahmed flashed the copies of Constitution and said as the Speaker was in collusion with the ruling party, he was to anyway reject their petition.

Batra said, “The Speaker is holding a constitutional post. We have the right to criticise him. His order on dismissing our petition is like mocking the Constitution. There was no application of mind.”

He said, “The 10th Schedule of the Constitution deals with disqualification. It says a person gets disqualified if he or she shifts the party. The Speaker knows she has resigned from the Congress and has joined the BJP. She stands disqualified. The Speaker only has to declare her disqualification.”

Batra pointed out that the Speaker should have declared her disqualified while taking suo motu notice of her joining the BJP and no petition was required. “Our petition gets dismissed as we have not signed the annexures. The annexures included our notice to the Speaker for disqualification, a reminder to notice, copy of Kiran Choudhry’s resignation, and press cuttings,” he said.

“Now, notice to the Speaker and its reminder was part of his office,” he added.

The Speaker dismissed the petition claiming it was not filed following Rule 6 of the Haryana Legislative Assembly (Disqualification of Members) Rules as it was not signed and verified on each page. On the occasion, Ahmed said the Speaker’s actions ignored the Supreme Court’s principles laid down in the landmark 2004 judgment of Dr Mahachandra Prasad Singh vs. chairman, Bihar Legislative Council and others.

“In this judgment, the Supreme Court held that the provisions of Rules 6 and 7 are not so mandatory that a minor infraction would render proceedings invalid or without jurisdiction; while also observing that it is the duty of the Speaker to carry out the mandate of the Constitutional Provision i.e., 10th Schedule,” he added.

Batra pointed out that in the case of Congress MLA Pradeep Chaudhary, after a trial court order, the Speaker had acted swiftly and had disqualified him on a holiday as it was Saturday.

“We will approach the Speaker again and handle the matter legally,” Batra said.