Why haven't you moved HP HC against disqualification: SC asks disqualified MLAs

New Delhi: The Supreme Court on Tuesday asked six rebel Congress MLAs, who had cross-voted in the recent Rajya Sabha polls in Himachal Pradesh, as to why they have not moved the high court challenging their disqualification.

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had on February 29 disqualified the six MLAs on the Congress' plea for "defying" the party whip that required them to be present in the House and vote for the budget.

Their plea challenging the Speaker's decision came up for hearing before a bench of Justices Sanjiv Khanna, Dipankar Datta and Prashant Kumar Mishra.

The counsel representing the six petitioners requested the bench to adjourn the matter for either March 15 or March 18, saying senior advocate Harish Salve, who would appear for them, was not able to join the proceedings.

"But tell us one thing, why didn't you go to the high court?" Justice Khanna asked.

When the counsel said the petitioners have explained the reasons in the petition and they were elected as MLAs, the bench observed, "That is not a fundamental right".

"It is rare case where within 18 hours, the Speaker disqualified us," the counsel said.

The bench posted the matter for hearing on March 18.

The petitioners have made Pathania, state Parliamentary Affairs Minister Harsh Vardhan Chauhan and others as party respondents in their plea filed in the top court.

These Congress rebels, who had voted in favour of BJP nominee Harsh Mahajan in the Rajya Sabha polls on February 27, later "abstained" from voting on the Budget. Senior Congress leader Abhishek Singhvi had lost the Rajya Sabha election owing to the cross-voting The disqualified MLAs are Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal, Devinder Kumar Bhutoo, Ravi Thakur and Chetanya Sharma.

Following their disqualification, the effective strength of the House has gone down to 62 from 68, while the number of Congress MLAs has shrunk to 34 from 40.

The rebel MLAs, in their petition, have alleged violation of the principle of natural justice, claiming they did not get adequate opportunity to respond to the disqualification petition.

Announcing the disqualification of the six MLAs at a press conference on February 29, the Speaker had said they attracted disqualification under the anti-defection law as they defied the party whip. He ruled that they ceased to be members of the House with immediate effect.

The petition seeking their disqualification was filed by the Parliamentary Affairs Minister before the Speaker for defying the whip that required them to be present in the House and vote for the budget.

Under the anti-defection law, any elected member who gives up the membership of a political party voluntarily or votes or abstains from voting in the House, contrary to any direction issued by his political party, is liable for disqualification.

These MLAs had signed the attendance register but abstained from the House during the voting on the Budget, the Speaker said.

These members were issued notices for defying the whip through WhatsApp and e-mail and were asked to appear for the hearing.

The Assembly had passed the Finance Bill by voice vote after the Speaker suspended 15 BJP MLAs. The Speaker had then adjourned the session.

In his 30-page order, he said the plea of the lawyer of the rebel MLAs, senior advocate Satya Pal Jain, for giving time to reply to the notice was not entertained as "evidence was absolutely clear".

The Speaker said delivering quick judgment was necessary in such cases to maintain the dignity of democracy and check the "Aaya Ram, Gaya Ram" phenomenon.

The judgment had no link with cross-voting by these MLAs in the Rajya Sabha polls, the Speaker added.