3- independent MLAs move HC for not accepting their resignation
Three Independent MLAs of Himachal Pradesh who recently joined the membership of the opposition BJP today moved Himachal Pradesh High Court for allegedly not accepting their resignation by the speaker.
Hoshiyar Singh who joined the BJP (two times in the last two years) but won the 2017 & 2022 assembly elections as Independent MLAs informed the media that they knocked on the door of the High Court of Himachal Pradesh.
He said that HC listed the matter till April 24 ordering the speaker and the State of Himachal Pradesh to file a reply on the next date of hearing.
The speaker could not withhold their resignation for an indefinite period Mr. Singh told media persons that they were hopeful that the High Court would pass an order in favor of them in a similar case of Karnataka Supreme Court of India had given relief for Independent MLAs. He said that they want to go for bye-election as candidates of BJP along with six bye-elections on June 1. He said that bye-elections should be held together and it is not in the interest of the state to go by election time and again.
Mr Hoshiyar Singh(Hamirpur) Ashish Sharma(Hamirpur )and K.L. Thakur (Nalagarh) have tendered resignation from the Vidhan sabha on March 22, 2024, to seek a fresh election.
Trio was supporting the Sukhvinder Singh Sukhu government after they were elected Independent MLAs till the Rajyasabha election of February 27, 2024, but they flocked with six Congress MLAs and joined BJP on March 24.
Speaker Kuldeep Singh Pathania didn’t accept their resignation but he had issued notice to them on a complaint against Parliamentary Affairs Minister Harshvardhan Chauhan and Revenue Minister Jagat Singh Negi who had accused the three Independent MLAs of tendering resignation under the allurement from BJP.
The complaint also accused the trio of not tendering resignation without being influenced and it should not be accepted.
Three Independent MLAs moved to Himachal Pradesh High Court making Himachal Pradesh speaker and state government as a party.
However Himachal Pradesh High Court said that the Speaker could not be an arrayed party as personnel being speaker of assembly but a reply could be sought in the matter.
After the court hearing three Independent MLAs gave an appearance before the speaker Kuldeep Singh Pathania to respond to the speaker’s notice and counsel for the Independent MLAs would file a reply before the Himachal Pradesh Speaker today explaining the circumstances of tendering.
Speaker Kuldeep Pathania said that Independent MLAs were accused by two Congress MLAs for tendering resignation under pressure and it also attracted defection law.
He said that three Independent MLAs were not alone in tendering resignation on March 22 as Leader of Opposition Jai Ram Thakur and BJP MLA Dr. Janak Raj also joined them at his residence the same day.
He said that on the complaint of Congress, he couldn’t allow to resignation without verifying the compulsion of three Independent MLAs for seeking resignation but he is bound to go through the house inquiry for compelling circumstances for their actions, and being speaker he could not ignore the complaint being lodged against them.
Congress government in Himachal Pradesh accused three Independent MLAs and six disqualified Congress MLAs of indulging in horsetrading along with the BJP government of center as BJP not only got the votes of nine MLAs in the RS poll but they were offered tickets in six bye-elections.
However, Congress disqualified MLAs and filed a complaint against Chief Minister Sukhvinder Singh in the court and also issued legal notice for allegedly accusing them of accepting Rs 15 Crore bribes in the RS poll.
