The Supreme Court today adjourned until next week the hearing of a plea by six rebel Congress MLAs challenging their disqualification from the Himachal Pradesh State Assembly at the petitioners’ request. However, the court expressed its doubts over the maintainability of the petition under Article 32 of the Constitution, asking which fundamental rights of the petitioners were violated.
The Congress MLAs had rebelled against their own government led by Chief Minister Sukhvinder Singh Sukhu by cross-voting during the Rajya Sabha election and later abstaining from the budget vote in February, setting off a constitutional crisis in the state. Owing to their endorsement of BJP candidate Harsh Mahajan, Congress leader and Senior Advocate Abhishek Manu Singhvi lost the lone Rajya Sabha seat in the state despite a Congress majority in the assembly.
A bench of Justice Sanjiv Khanna, Justice Dipankar Datta, and Justice Prashant Kumar Mishra was slated to hear the writ petition filed by the rebel MLAs. Nonetheless, on behalf of the petitioners, Senior Advocate Satya Pal Jain requested an adjournment, mentioning that they were being led by Senior Advocate Harish Salve, who was unable to join.
After agreeing to defer the hearing until Monday, March 18, the presiding judge made a pointed inquiry into the nature of the alleged violation. The bench sought clarity on why the former legislators did not approach the high court. Justice Khanna further asked what fundamental right was violated through the disqualification.
To this, Senior Advocate Satya Pal Jain responded that the petitioners were elected as per the provisions of the Constitution. Subsequently, Justice Khanna interjected that it is not a fundamental right.
Meanwhile, Senior Advocate Jain continued that it is a rare case where within 18 hours they were disqualified by the Speaker. Consecutively, Justice Khanna adjourned the hearing until next Monday.
The disqualified Congress MLAs have moved the apex court seeking relief against their disqualification under the anti-defection law. They have challenged the decision of the Himachal Pradesh Assembly Speaker, Kuldeep Singh Pathania, who disqualified them for defying the party whip issued during the budget session.