Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania recently addressed the issue concerning the resignation of three Independent MLAs, who had previously supported BJP nominee Harsh Mahajan in the Rajya Sabha polls and subsequently joined the BJP. Pathania stated that the final determination regarding the acceptance of their resignations and the initiation of proceedings under the anti-defection law would be made either by the conclusion of May or in early June.
Pathania highlighted that the behavior of the Independent MLAs suggested they might have been under pressure. Consequently, an inquiry was instigated, and explanations were requested from them. Subsequently, when Congress leaders lodged a fresh petition for action against these MLAs under the anti-defection law, they were issued notices.
The trio of Independent MLAs – namely Hoshiyar Singh, Ashish Sharma, and K L Thakur – had cast their votes in favor of BJP nominee Harsh Mahajan during the Rajya Sabha polls on February 27. They tendered their resignations from the assembly on March 22 and aligned themselves with the BJP the following day, preceding the acceptance of their resignations. Pathania underscored that according to constitutional provisions, Independent MLAs are not permitted to affiliate with a political party.
Although both Independent and Congress legislators were summoned for discussions on Saturday, neither party attended, possibly due to ongoing election activities. Pathania mentioned that the final hearing would be convened towards the end of May or early June.
On April 24, Congress leaders Jagat Singh Negi and Harish Janartha lodged a fresh plea with the Speaker, urging action against the three Independent MLAs under the anti-defection law. They alleged that these MLAs had resigned and joined the BJP while their resignations were still under consideration, warranting action under the anti-defection law.
Earlier, the Speaker had issued a show-cause notice to these legislators, requesting explanations by April 10, following a representation from the Congress legislative party alleging that these resignations were made under duress, not voluntarily.
Additionally, the Independent MLAs had approached the high court on April 10, seeking acceptance of their resignations. However, the division bench, comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua, held conflicting opinions on whether the court could issue directives to the Speaker regarding this matter. Consequently, a new bench will now decide on the issue.
