HP Speaker disqualifies 6 Congress MLAs for defying whip

Shimla: Vidhan Sabha Speaker Kuldeep Pathania today disqualified six rebel Congress legislators from the membership of the Himachal Vidhan Sabha under the provision of the anti-defection law.

Pathania said the six MLAs had defied the party whip, attracting the provisions of the anti-defection law as they were not present in the House during the cut motion on the Health Department and the passing of the Finance Bill. “The six MLAs have incurred disqualification under 10th Schedule of the Constitution of India and The Members of Himachal Pradesh Legislative Assembly (Disqualification on ground of Defection) Rules, 1986. All six cease to be member of Himachal with immediate effect,” he announced at a press conference here today.”

The six MLAs who have been the disqualified are Sudhir Sharma (Dharamsala), Rajinder Rana (Sujanpur), Inder Dutt Lakhanpal (Barsar), Ravi Thakur (Lahaul-Spiti), Chaitanya Sharma (Gagret) and Davinder Bhutto (Kutlehar).

The Speaker has written a 30-page order in the first-ever disqualification of any MLA under the anti-defection law in the history of Himachal Pradesh. “The intention of the anti-defection law is to curb politics of ‘aaya ram -gaya ram’ and when you become a candidate of a political party and contest on its ticket, you must stay with that party,” he elaborated.

The petition against the six MLAs had been filed on the basis of a complaint by the Parliamentary Affairs Minister Harshwardhan Chauhan on behalf of the Congress, seeking their disqualification from the House.

“In my capacity as chairman of the tribunal under the anti-defection law, I have given this verdict,” he said. When Speaker acts under the 10th Schedule then he does not enjoy the powers of a Speaker, but acts as Judge of the Tribunal, he added.

“As per this order, they cease to be MLAs of the Assembly though this order is subject to judicial scrutiny. The MLAs were present in the party meetings and have signed on the whip issued twice by the party but were not present during the voting on cut motion and passing of Budget,” said Pathania.

“Since, no whip is applicable for Rajya Sabha polls, I have not touched the issue. Though I still feel their conduct was unethical as they have been elected as candidates of a particular party,” said Pathania.

The Speaker said they were informed for personal appearance on whatspap and e-Vidhan Sabha. “Since the Evidence Act has been amended, the six MLAs had been informed on whatsapp and on e-Vidhan Sabha about the disqualification proceedings,” said Pathania.

“I gave exhaustive hearing to the lawyers of both sides and they produced the entire record,” he said. He added BJP lawyer Satya Pal Jain was seeking more time which was denied as the petition clearly discloses that the six legislators defied the whip issued by the Congress.