Resignation of 3 Independent MLAs accepted, state to hold byelections within next 6 months

Shimla, June 3

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania today accepted the resignation of three Independent legislators Hoshiyar Singh from Dehra, Ashish Sharma from Hamirpur and KL Thakur from Nalagarh.

The three MLAs had submitted their resignation to the Speaker on March 22 and joined the BJP the very next day on March 23 without waiting for the decision of the Speaker. With their resignation being accepted, the strength of the House has been reduced to 59 in which the Congress has 34 legislators, BJP 25, while the results of six Assembly bypoll are awaited.

“They cease to be MLAs of the 14th Assembly from today,” said Pathania. He also made it clear that though the MLAs ceased to be members of the Assembly, the petition on the issue of seeking their disqualification under the Ant-Defection Law, filed by Revenue Minister Jagat Singh Negi, is still pending with him.

“Their disqualification is a less harsh decision. The decision on their disqualification is pending as they had joined the BJP on March 23 before their resignation was accepted,” said Pathania.

Now bypolls for these three vacant Assembly segments will be held within the next six months as the Election Commission of India will be intimated about the decision. All the three MLAs had voted in favour of the BJP candidate Harsh Mahajan in the Rajya Sabha elections held on February 27, resulting in defeat of Congress candidate Abhishek Manu Singhvi.

The three MLAs had on March 30 sat on a dharna in the Vidhan Sabha to press for early acceptance of their resignation. The three were keen that bypoll in their constituencies be held along with the Lok Sabha and six Vidhan Sabha byelections on June 1, which could not happen as the Speaker kept the decision pending.

They had stated that since they had handed over their resignations in person to the Speaker and without any duress there was no justification in delaying a decision. They had also met Governor Shiv Pratap Shukla, seeking his intervention for immediate acceptance of their resignation.

The three MLAs had failed to get any relief from the courts. It was on May 8 last month that the High Court disposed of the plea of the three legislators in a dissenting verdict. The matter will be referred to a third judge now for a final decision. Two petitions are pending before the Vidhan Sabha Speaker against the resignation by the three Independents. Revenue Minister Jagat Singh Negi, in his petition, has sought unseating of the three MLAs under the provisions of the Anti-Defection Law on the grounds that they joined the BJP the very next day after submitting their resignation, which had not been accepted.