Himachal Pradesh Congress seeks action against 3 MLAs under anti-defection law, petitions Assembly Speaker again

Shimla, April 25

The Himachal Pradesh Congress has filed a fresh petition with Speaker Kuldeep Singh Pathania seeking action under the anti-defection law against the three Independent MLAs who had earlier resigned from the state assembly.

In the petition, Congress legislators Jagat Singh Negi and Harish Janartha argued that these MLAs joined the BJP even when their resignations were pending with the speaker which attracts action under the anti-defection law.

Meanwhile, the Shimla High Court on Thursday heard the case of the three Independent legislators seeking directions to the speaker to accept the resignation immediately and adjourned the case till April 30.

The three MLAs, Hoshiyar Singh, Ashish Sharma, and K L Thakur, who had voted in favour of the BJP nominee Harsh Mahajan in Rajya Sabha polls on February 27, had resigned from the assembly on March 22 and joined the BJP the next day.

“The independents MLAs cannot join any party and in case they do they are liable for action under anti-defection law and we have urged the speaker to take such an action,” Negi told the media here on Thursday.

The speaker told the PTI, “The process on the petition submitted by the Congress leaders has started and the three Independent MLAs have been issued notices, along with the copy of petition and asked to reply by May 4.”

Meanwhile, the MLAs counsel, Advocate General Anup Rattan, said the arguments of their clients were concluded today, and the counsel for the speaker would submit his argument on the next hearing.

The speaker had earlier issued a show cause notice to these legislators and sought explanation from them by April 10.

According to a complaint filed by 10 Congress MLAs, including ministers, the MLAs had resigned under pressure and the circumstances demanded a probe.

However, the three MLAs moved the high court on April 10, following which, the speaker said that the matter being in court, no decision can be taken till the case is adjudicated.

The petitioners have maintained that they had resigned voluntarily and their resignation should have been accepted immediately.