'No stay', but SC to examine disqualified Congress MLAs plea against Himachal Speaker's order

A bench of Justices Sanjiv Khanna and Dipankar Datta decided to examine the rebel MLAs' plea but declined to stay the Speaker's order of February 29.

New Delhi: The Supreme Court on Monday refused to stay the disqualification of six Congress MLAs from Himachal Pradesh for cross voting during the Rajya Sabha poll in violation of the party whip.

A bench of Justices Sanjiv Khanna and Dipankar Datta, however, issued notice to the Speaker's office, seeking its response within four weeks.

The court also observed that the EC normally does not go ahead with notifications for fresh polls, when the matter is pending judicial adjudication.

"We can issue notice. There can't be stay of the Speaker's order," the bench said, as senior advocate Harish Salve for the disqualified MLAs challenged the validity of the Speaker's order.

Salve referred to the decision taken by the EC for bypolls to their constituencies. He said filing of nomination will be notified on May 7.

"If it is not stayed, then the instant matter would become infructuous," he said. "Normally when the matter is pending, the EC will take care of it," the bench said. "The EC may delay issuance of notification, once we issue notice," the bench added.

Senior advocate A M Singhvi, on the opposite side, said when the election process starts, the court does not intervene.

The bench, however, said the writ petition was filed prior to EC's decision.

Salve referred to the date of whip and the disqualification proceedings initiated by the Speaker on February 27, when even the petition was not served upon them.

He said the whip issued on February 15 was not served on the petitioner MLAs.

The court, however, said they claimed the information was provided through WhatsApp and other means. The court sought a response within four weeks and rejoinder in one week after and fixed the matter for hearing on May 6, 2024.

Senior advocates Maninder Singh and Satya Pal Jain also appeared for the petitioner MLAs.

The MLAs had contended it is one of the rare cases where they have been disqualified within 18 hours.

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had on February 29, 2024 disqualified six MLAs for defying the party whip in not voting for A M Singhvi, a candidate set up by Congress party.

The six MLAs — Rajinder Singh Rana, Sudhir Sharma, Chaitanya Sharma, Ravi Thakur, Inder Dutt Lakhanpal, and Davinder Bhutto — had cross-voted in the Rajya Sabha election in favour of BJP candidate Harsh Mahajan, who won by draw of lots after a tie of 34 votes each in the 68-member Assembly.

In their plea before the court, the disqualified MLAs questioned the decision for having not been given sufficient time to respond to the notice.