Kuldeep Singh Pathania, Himachal Pradesh Assembly Speaker in photo taken on file was.
On June 3, the Himachal Pradesh Assembly Speaker, Kuldeep Singh Pathania accepted that three Independent MLAs had resigned from office following their vote for a BJP (Bharatiya Janata Party) candidate during Rajya Sabha polls.
“Resignations have been accepted and these three MLAs cease to be members of the 14th Vidhan Sabha with immediate effect,” Mr. Pathania told reporters here.
In February 27 Rajya Sabha elections, six Congress rebels along with K.L. Thakur (Nalagarh), Ashish Sharma (Hamirpur) and Hoshiyar Singh (Dehra) had voted for Harsh Mahajan who was a BJP candidate.
The three made to step down as members of the legislative assembly on March 22 without being allowed by the speaker; he claimed that they were forced to resign against their wills and that there is no voluntary intention when taking this decision as instructed by the congress’ legislative party.
March 23 saw these MLAs joining the Bharatiya Janata Party before approaching the High Court of Himachal Pradesh to compel its Speaker accept their resignation. However, given divided opinions over whether or not an order could be issued by a court of law compelling the Speaker to accept such a resignation, it was forwarded to another judge who would make a ruling. It is still pending before it can be determined conclusively by another court of law.
A dharna took place at Vidhan Sabha Complex organized by these MLAs protesting this demand.
Congress leader Jagat Singh Negi later filed one more petition seeking disqualification of these members under anti-defection law on account of their joining BJP before acceptance of resignation whereas I have accepted those resignations so other petition automatically become infructuous,” said Mr. Pathania
“You take them as resigned or disqualified, but in both ways they are no more members of the 14th assembly. My order is not harsh” he added.
Mr. Thakur hailed the decision of the Speaker saying that “It certainly was a delayed but correct decision.”
“It would have been better had the speaker accepted the resignations earlier and paved the way for simultaneous elections (with the Lok Sabha polls) in these three assembly seats also.” he said.
This hasty decision would have saved money and imposition of code of conduct again, he added.
Earlier, six Congress rebels were disqualified by Speaker for defying whip to attend assembly on cut motions and budget when it voted in favor of government.
Thus, with this action there were six less MLAs making it 62 rather than 68 effective seats in house.
While there are 34 MLAs from Congress, BJP has 25. Subsequently since all Independent MLAs’ resignation has been approved by The Speaker, their number further went down to 59.
