Independent MLAs move HC over 'delay' in acceptance of their resignation by Speaker in Himachal

Shimla: The three Independent MLAs in Himachal Pradesh, who had voted for the BJP candidate in the recent Rajya Sabha election, on Wednesday moved the High Court seeking acceptance of their resignations from the Assembly.

The three Independent MLAs - Hoshiyar Singh, Ashish Sharma and K LThakur - had voted in favour of BJP nominee Harsh Mahajan in Rajya Sabha polls held on February 27 and resigned from the Assembly on March 22.

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had issued a show cause notice to these legislators seeking an explanation from them till April 10 following a representation from the Congress legislative party claiming that these MLAs resigned under duress and not voluntarily.

A decision on the resignation of three Independent MLAs cannot be taken till the case is adjudicated by the court, the Speaker said on Wednesday.

A division bench consisting of Chief Justice M S Ramachandra Rao and Justice Anand Mohan Goel heard the MLAs' petition and asked the Speaker to file his response. It fixed the next hearing on April 24.

One of the petitioners Hoshiyar Singh said that they pleaded in their petition that they had resigned voluntarily without any pressure and that the resignation should have been accepted immediately.

'We appeared before the Speaker and reiterated our stand that we have resigned voluntarily without any pressure or allurement,' he told reporters.

Singh said that the resignations should have been accepted immediately as they had put in their papers in person and the show cause notice to appear on April 10 could have been advanced to two or three days.

About ten Congress MLAs including ministers filed a complaint that the Independent MLAs have resigned under pressure and a probe was required as per the procedure laid down for accepting the resignation, Pathania said adding that a show-cause notice was sent to them to appear on April 10.

Meanwhile, the Independent MLAs have moved the court and also challenged the authority of the Speaker, Pathania said adding that two parallel processes are continuing and 'we will file the reply before the next hearing on April 24 and no decision can be taken till the case is adjudicated by the High Court'.

Peeved over the delay in accepting their resignations, the three Independent MLAs also sat on a dharna on assembly premises on March 30.