High Court Rules Speaker Cannot Be Ordered to Accept Resignation of MLAs
In a significant setback to three Independent MLAs who recently joined the BJP, the Himachal Pradesh High Court has ruled that the court cannot instruct the Speaker to accept their resignation. Chief Justice MS Ramachandra Rao and Justice Jayotsana Rewal Dua, in a dissenting verdict, emphasized the separation of powers between the Judiciary and the Legislature, stating that the court cannot direct the Speaker’s actions.
Chief Justice Rao underscored the esteemed constitutional position of the Speaker, asserting that the court cannot prescribe specific actions for the Speaker. However, Justice Rewal Dua expressed a dissenting view, suggesting that the court could direct the Speaker to expedite the hearing or decide on the resignations within two weeks.
The matter, initiated by three Independent MLAs, including Hoshiyar Singh from Dehra, K L Thakur from Nalagarh, and Ashish Sharma of Hamirpur assembly, led to a split decision among the judges. Advocate General Anup Rattan informed the media that the case might now be presented before a three-judge division bench for a final decision.
Meanwhile, the Speaker has been advised to await the court’s ruling, considering the importance of democratic procedures. The trio had approached the High Court on the same day they were scheduled to appear before the Speaker on April 1.
The Vidhansabha Official reported that the three MLAs failed to respond to the notice issued by the Speaker on May 3 and have been summoned again to provide a reply on May 11. They are accused by Congress MLAs of submitting their resignations under inducement and subsequently joining the BJP.
Congress MLAs, opposing the decision of the three Independent MLAs to join the BJP, have also approached the High Court, urging the division bench to hear their plea before accepting the resignations.
The saga began on March 23 when the three Independent MLAs landed at Jubberhati airport, rushed to the Vidhan Sabha, and tendered their resignations to the Speaker, claiming they were voluntary. However, instead of accepting the resignations, the Speaker issued notices to them, citing complaints filed by Congress Members alleging inducement from the BJP.
The complaint further alleged that an FIR was filed against Ashish Sharma, one of the Independent MLAs, and father of former Congress MLA Chaitanya Sharma, along with Mr. Rakesh Sharma, for accepting bribes for cross votes in favor of the BJP candidate in the Rajya Sabha election on February 27. An investigation is underway, with both individuals seeking anticipatory bail from the High Court.
