Categories: LAW AND ORDER

Supreme Court to Hear Plea by Disqualified HP MLAs Against Disqualification”

The Supreme Court is set to hear on March 18 a plea filed by six Congress rebels from Himachal Pradesh who were disqualified from the state assembly for defying a party whip during the recent Rajya Sabha polls. The rebels, including Sudhir Sharma, Ravi Thakur, and others, challenge their disqualification, alleging a violation of the principle of natural justice.

Scheduled to be heard before a bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta, the plea questions the swift disqualification process initiated by the Speaker, highlighting concerns over the lack of adequate opportunity for the MLAs to respond. The rebels argue that the Speaker’s decision, which reduced the effective strength of the House, was made within a short span of 18 hours, leaving them no time to challenge the ruling in the high court.

The rebels’ petition names state Parliamentary Affairs Minister Harsh Vardhan Chauhan and others as party respondents, alleging political bias in the disqualification process. They claim that despite signing the attendance register, they were issued notices for defying the party whip through WhatsApp and email and were disqualified under the anti-defection law.

In response to the disqualification, the effective strength of the House decreased, affecting the balance of power. The rebels maintain that the quick judgment by the Speaker was necessary to uphold the dignity of democracy, although they assert that they were not given a fair chance to present their case.

The plea before the Supreme Court underscores the legal battle surrounding the disqualification of the MLAs and raises questions about the adherence to procedural fairness and democratic principles in the state assembly.

This article provides a concise summary of the upcoming Supreme Court hearing on the plea filed by the disqualified Himachal Pradesh MLAs, highlighting key legal and procedural issues at stake. Let me know if you need further assistance or revisions.

Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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