Delay in accepting resignation: Himachal HC notice to speaker over 3 Independent MLAs’ plea

The Himachal Pradesh high court on Wednesday issued notices to the speaker, Vidhan Sabha, Kuldeep Singh Pathania, over the petition filed by three Independent legislators, Ashish Sharma, KL Thakur and Hoshiyar Singh challenging constitutional authority and delay caused in accepting their resignation. The high court directed the speaker to file his reply by April 24.

The case was listed for hearing before the division bench comprising Chief Justice MS Ramachandra Rao and justice Jyotsana Rewal Dua. The petitioner had sought directions from the court that the speaker should accept their resignation.

Three MLAs, Ashish Sharma, KL Thakur and Hoshiyar Singh had submitted their resignation to secretary, Vidhan Sabha, Yaspaul Sharma on March 22. The three later met speaker Kuldeep Pathania at his residence along with two BJP MLAs Janak Raj and Balbir Singh Verma. After that, they also met governor Shiv Pratap Shukla at Raj Bhawan to inform him about his resignation

On March 23, three Independent MLAs and six rebel Congress members in Himachal Pradesh joined the BJP. A controversy erupted after they voted in favour of the BJP candidate in the Rajya Sabha elections last month. The rebel Congress MLAs were disqualified for defying a whip to be present in the House and vote in favour of the ruling Congress during cut motions and budget.

Pathania has issued show-cause notice to the three Independent MLAs and asked them to appear in person today to ascertain whether the three have resigned voluntarily or under duress. But the three had filed a petition in the high court on Tuesday. It was listed for hearing today.

“The three Independent MLAs submitted their resignation to the Vidhan Sabha secretary and later handed it over to me at my residence. The press clipping about their resignation is now part of the proceedings,“ said Pathania while briefing the media in the Vidhan Sabha.

He said that he had received the petition from 10 to 12 Congress legislators, including a minister. The Vidhan Sabha rules prescribe a format for any MLA wanting to resign from the assembly. The speaker is authorised to ascertain the reason and circumstance which led to the resignation of the three independent legislators, he said, adding, “The speaker enjoys full authorities to look in all those aspects that lead to resignation”.

“In this connection, I had issued a show-cause notice to all three legislators. We had informed the governor and asked the legislators to be present in the assembly to attend pending proceedings,“ he said.

“The three independent MLAs were asked to reply to the notice a day before their appearance so that the Vidhan Sabha secretariat could seek additional information. All three legislators had appeared in person and their attendance was noted in the Vidhan Sabha records. When I asked them about the reply to notice, they sought more time. I could have kept the matter pending but at the same time I felt that it was an important issue, so I adjourned the proceeding till 2.30 pm,” he said.

He added that the MLAs had made him a party in the petition filed in the high court as a speaker and as in-person

He said that the court observed that a speaker cannot be made a party in person. He said that he could not conclude the matter since it was sub judice.