Three independent MLAs move Himachal HC; Speaker Pathania defers resignation case for February 24

Shimla (Himachal Pradesh) [India], April 10 : Himachal Pradesh Speaker Kuldeep Singh Pathania on Wednesday said that the three Independent MLAs who resigned earlier now fall under the preview of the "Anti-Defection Law."
He said that the proceedings in their case are underway and the date has been deferred for April 24.
Meanwhile, all three MLAs were summoned by Speaker Kuldeep Singh Pathania to appear before him on Wednesday.
"We have submitted the resignation voluntarily, there was neither pressure nor any allurement and we have resigned on March 22nd as assembly members. We were expecting it to be expected the same day. The rules also say that if you submit your resignation in person the speaker has to accept it. We shall withdraw if the speaker takes the decision to accept our resignation," said KL Thakur, an independent MLA.
The legislators are now hopeful that they will get justice from the court.
"The speaker has called all of us separately and he has sought a reply and we have submitted our written reply. We had submitted the resignation on March 22nd and as per rule resignations had to be accepted within 24 hours but it was delayed. We had given reminders and also protested. The speaker had sought a reply by April 10th, and we had earlier stated what the reasons were. And we as MLAs were humiliated and the CM will be able to answer better for reasons. Now it is for the speaker to decide and advocate on our behalf and it is listed for April 24th. We shall withdraw the case from the High Court if the speaker accepts our resignations," he added.
Speaking to ANI, the speaker of the HP Assembly, Kuldeep Singh Pathania, said that the matter has now been invoked in the two jurisdictions of the two constitutional authorities.
"They have admitted during the proceeding that they have gone to Chandigarh in a chopper; it is my constitutional right to know if it was voluntary or involuntary. And the members of the Congress party, including three ministers, had filed a petition with me and a copy was filed with my office. I had issued show cause notice to them and I had called them today for April 10th. They had appeared at 12:15 and had sought the time for reply and they were heard after 2:30PM today. They have also filed a case in the HP High Court, and it was listed today and court has adjourned it for April 24th. They have made me party challenging my jurisdiction in person and as speakers, we have also received a copy of the petition and notice has also been received and we shall file a reply in high court and I have also referred the matter for April 24th. Any elected member who resigns as an independent MLA can't join any political party, and it is the jurisdiction of the speaker and court can't interfere. They have attracted the provisions of anti defection Law and the presence of the leader of opposition and members of a political party," Pathania said.
"Since the matter is now sub judice, two constitutional authorities' jurisdiction has been invoked and it is my jurisdiction and the court also has its own jurisdiction. There is no time period to accept the resignation and it is the right and duty of the speaker to investigate the matter. There is no inordinate delay and we are seized of the issue , we are looking at it minutely and we shall take a decision on it," Pathania added.
MLA Hoshyar Singh from Dehra, Ashish Sharma from Hamirpur and KL Thakur from Nalagarah assembly segments submitted their resignations to the speaker on March 22, 2024, and joined the Bharatiya Janata Party (BJP) a day later in New Delhi.
Three independent MLAs appeared in the Himachal Pradesh High Court on Wednesday, challenging the Speaker of HP Assembly for not accepting their resignations.
Earlier, three Independent MLAs sat on a day-long protest outside the assembly premises in Shimla, demanding that the Speaker accept their resignations.
Along with six Congress MLAs (now disqualified), the three Independents had voted in favour of BJP nominee Harsh Mahajan during the Rajya Sabha polls in February. This led to the defeat of Congress candidate Abhishek Manu Singhvi.