Himachal Pradesh Independent MLAs Case: What is the case of independent MLAs of Himachal Pradesh?

Himachal Pradesh Independent MLAs Case: Three independent MLAs who resigned from Himachal Pradesh Assembly did not get immediate relief from the High Court. The division bench of two judges referred the case to a third judge. The bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua expressed different opinions on the matter. After this, it was decided that the petition should be sent to the third judge for a hearing. The MLAs have appealed to the court to direct the Assembly Speaker to accept their resignation. These MLAs had voted in favor of the BJP candidate in the Rajya Sabha elections. The three MLAs – Hoshiar Singh (Dehra), Ashish Sharma (Hamirpur), and KL Thakur (Nalagarh) had submitted their resignations to Speaker Kuldeep Singh Pathania on March 22. The next day all three joined BJP. On Wednesday, Chief Justice Rao said that no instructions can be given to the Speaker from the court in this regard. He said that only the Speaker has the power to accept resignations. However, Justice Dua said that the Speaker should be instructed to decide on accepting the resignations of independent MLAs within two weeks. Due to a lack of consensus among the judges, an order was passed to send the case to a third judge.

High Court refuses immediate relief to independent MLAs

The HC had reserved its decision last week on the petition of three independent MLAs. On Wednesday, the bench of Chief Justice Rao and Justice Dua gave the verdict in open court. Advocate Anshul Bansal, who is part of the legal team of the MLAs, said, 'The Chief Justice will form the third bench. Independent MLAs have not received any immediate relief. The judges of the division bench had different views, so the matter was referred to a third judge. On the last day of the hearing on April 30, the MLAs' side was presented by senior Supreme Court advocate Maninder Singh. Bansal was helping Singh. Senior advocate Kapil Sibal appeared on behalf of Pathania. During the hearing, the MLAs argued that the Speaker cannot keep the resignation pending for a long time. His lawyer cited several decisions. At the same time, Sibal told the HC that the MLAs joined the BJP the very next day after their resignation, hence the matter should be investigated. 

Himachal High Court: What did the judges say in the decision?

While delivering the verdict on Wednesday, the Chief Justice said that under Article 190(3)(B) of the Constitution, only the Speaker has the right to accept resignations. No instructions can be issued to the Speaker to decide on accepting the resignation within the stipulated time limit. Chief Justice Rao said that he has not expressed any opinion on the 'voluntariness or genuineness' of the resignations. However, Justice Dua said that 'justice will be served' if the Speaker is directed to decide on the resignations within a reasonable time, say two weeks, from the date of receipt of the decision.

What is the case of independent MLAs of Himachal Pradesh?

All three had contested the 2022 assembly elections as independents after BJP refused to give them tickets. Congress formed the government with 40 MLAs. These three independent MLAs supported the government. When Rajya Sabha elections were held in February 2024, three independent MLAs along with six Congress rebels voted in favor of the BJP candidate. Three weeks later, on March 22, independent MLAs resigned from the assembly, accusing the government of 'vendetta politics'. The next day all three joined BJP. Some Congress MLAs complained to the Speaker that these MLAs had resigned under pressure. The Speaker issued notice to all three and refused to accept the resignations. 

By-elections are being held on the seats of six Congress rebels who voted in favor of BJP. The Election Commission has issued a notification. Along with the Lok Sabha elections, voting will be held on June 1 for by-elections on six assembly seats. The counting of votes is to take place on June 4.