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These six MLAs cross-voted during the Rajya Sabha election against their own government led by Chief Minister Sukhvinder Singh Sukhu and later abstained from the budget vote
The Supreme Court today issued notice in the plea moved by six MLAs from Himachal Pradesh belonging to the Congress party challenging their disqualification from the state assembly.
A bench of Justices Sanjiv Khanna and Dipankar Datta however refused to stay the disqualification.
Senior Advocate Harish Salve appeared for the disqualified MLAs. He told the bench that the alleged whip issued by Congress party on February 15, ahead of the Rajya Sabha elections, was not received by the petitioners.
Court had earlier asked the six disqualified Congress MLAs from Himachal Pradesh as to why they approached the top court without filing a plea before the high court against their disqualification.
Senior Advocate Satya Pal Jain told a Justice Sanjiv Khanna led bench that there was a violation of fundamental rights of the legislators.
"What is the fundamental right involved,” the bench also comprising Justices Dipankar Datta and PK Mishra asked.
The six Congress lawmakers, who were disqualified by the assembly speaker on February 29 approached the top court against the speaker’s decision under Article 32 of the Constitution.
"This is rare case where disqualification happened in 18 hours...", Court was told.
The disqualified Congress MLAs, Chaitanya Sharma, Davinder Kumar Bhutto, Inder Dutt Lakhanpal, Rajinder Rana, Ravi Thakur and Sudhir Sharma have approached the court seeking relief against their disqualification under the anti-defection law. They have been disqualified for defying the party whip issued during the budget session.
Case Title: Chaitanya Sharma & Ors. vs. Speaker, Himachal Pradesh Legislative Assembly & Ors
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