'What Fundamental Right Violated?': Supreme Court Asks Rebel Congress MLAs Who Filed Writ Petition Against Disqualification From HP Assembly

These 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. As a result of 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.

Today, a bench of Justices Sanjiv Khanna, Dipankar Datta, and Prashant Kumar Mishra was slated to hear the writ petition filed by the rebel MLAs. However, on behalf of the petitioners, Senior Advocate Satya Pal Jain requested an adjournment. “We are being led by Mr Salve, he is unable to join.”

Even agreeing to defer the hearing until Monday, March 18, the presiding judge made a pointed inquiry into the nature of the alleged violation. Seeking clarity on why the former legislators did not approach the high court passed, Justice Khanna asked, “Tell us one thing: Why should you not go the high court? What is the fundamental right [violated]?”

Jain responded by indicating their status as elected representatives. “They were elected as per the provisions of the Constitution.”

To this, Justice Khanna interjected, “That's not a fundamental right.”

Jain continued, “It's a rare case where within 18 hours they were disqualified by the Speaker.”

“Look, that is disputed by them. They have referred to certain emails and WhatsApp messages,” Justice Khanna pointed out, noting the dispute surrounding the timing of the disqualification.

“Alright, we'll hear it on Monday,” the judge added, signalling an end to the exchange.

Background

The disqualified Congress MLAs, including Chaitanya Sharma from the Gagret seat, Davinder Kumar Bhutto from Kutlehar, Inder Dutt Lakhanpal from Barsar, Rajinder Rana from Sujanpur, Ravi Thakur from Lahaul-Spiti, and Sudhir Sharma from Dharamshala, have approached 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.

During this session, a whip was issued by the Congress party, directing all 40 MLAs to remain present in the House to pass the cut motion and budget. Allegations were made against the six MLAs that they had defied this party whip, prompting the disqualification proceedings.

The disqualified MLAs, however, have argued that the disqualification was unjust and against the principles of natural justice. They contend that their actions were a matter of conscience and not a violation of the whip. The rebel MLAs assert that they had genuine reasons for abstaining from voting during the session.