Shimla: Three independent MLAs who resigned from Himachal Pradesh Assembly have not received immediate relief from the High Court.
The division bench of two judges referred the case to a third judge. The bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua expressed different opinions on the matter. After this it was decided that the petition should be sent to the third judge for hearing.
The MLAs have appealed to the court to direct the Assembly Speaker to accept their resignation.
Following the Rajya Sabha elections in Himachal Pradesh in which they voted in favor of the BJP, these MLAs tendered their resignation and gave it to the speaker. The three MLAs – Hoshiar Singh (Dehra), Ashish Sharma (Hamirpur), and KL Thakur (Nalagarh) submitted their resignations to Speaker Kuldeep Singh Pathania on March 22 and the next day all three of them joined BJP. Though they had submitted their resignations, the Assembly speaker refused to accept their resignations.
On Wednesday, Chief Justice Rao said that no instructions can be given to the Speaker from the court in this regard. He said that only the Speaker has the power to accept resignations. However, Justice Dua said that the Speaker should be instructed to make a decision on accepting the resignations of independent MLAs within two weeks. Due to lack of consensus among the judges, an order was passed to send the case to a third judge.
What’s the Matter?
These three independent MLAs have supported the Sukhu-led Congress government. All three had contested the 2022 assembly elections as independents after BJP refused to give them tickets. Congress formed the government with 40 MLAs. These three independent MLAs supported the government.
But during the Rajya Sabha elections that were held in February 2024, three independent MLAs along with six Congress rebels voted in favor of the BJP candidate. Later all the rebels of Congress and Independent MLAs joined BJP after resigning from the assembly.
By-elections are being held on the seats of six Congress rebels who voted in favor of BJP. The Election Commission has issued a notification. Along with the Lok Sabha elections, voting will be held on June 1 for by-elections on six assembly seats. Counting of votes will take place on June 4.