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Himachal High Court adjourned hearing on writ petition filed by three Independent MLAs against the Speaker

The High Court of Himachal Pradesh today adjourned the hearing on a writ petition filed by three Independent MLAs against the Speaker of the Himachal Pradesh Vidhan Sabha.

The division bench, comprising Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, deferred the matter until April 30, 2024. Initially scheduled for Wednesday, the court postponed the hearing to the current date.

Senior Counsel Kapil Sibal, representing the Speaker, appeared online on Thursday to argue the case. The court also received a reply on behalf of the Speaker.

It is noteworthy that Hoshiyar Singh, Ashish Sharma, and KL Thakur, the three Independent MLAs, approached the High Court on April 1, seeking relief to compel the Speaker to accept their resignations.

The petitioners alleged that the Speaker unlawfully withheld their resignations for an indefinite period. Hoshiyar Singh from Hamirpur, Ashish Sharma also from Hamirpur, and K.L. Thakur from Nalagarh tendered their resignations from the Vidhan Sabha on March 22, 2024, with the intention of triggering fresh elections.

Although they aligned with the Sukhvinder Singh Sukhu government as Independent MLAs initially, they later defected to the BJP on March 24, along with six Congress MLAs.

The Speaker, Kuldeep Singh Pathania, refused to accept their resignations and issued a notice to them based on a complaint lodged by Parliamentary Affairs Minister Harshvardhan Chauhan and Revenue Minister Jagat Singh Negi. The complaint accused the Independent MLAs of resigning under BJP’s influence, questioning the legitimacy of their actions.

The Independent MLAs maintained their position, arguing that their resignations were a legitimate exercise of their democratic rights. The court’s decision, expected on April 30, 2024, will have significant implications for the political landscape of Himachal Pradesh.

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