six-congress-mlas-disqualified-from-hp-assembly-under-anti-defection-law

In a jolt, the six rebel Congress MLAs, who first cross voted in the Rajya Sabha poll and then defied the party whip to be present in the House when the cut motions and demands, and Finance Bill were put to vote, were today disqualified from the state Assembly as per the provisions of Anti-Defection Law.

“They ceased to be the members of the state Assembly as they attracted the provisions of Anti-Defection law. It was a part of the record that they were present in the Vidhan Sabha as they had marked the attendance, but they did not attend the House when cut motions were put to vote. Similarly, they did not attend the House when the Finance Bill was put to vote,” declared Speaker of Himachal Pradesh Legislative Assembly, Kuldeep Singh Pathania, pronouncing the judgment as Tribunal Judge.

He passed an elaborate order on the petition filed by Parliamentary Affairs minister, Harshvardhan Chauhan against six Congress MLAs, Rajender Rana (Sujanpur), Sudhir Sharma (Dharamshala), Ravi Thakur (Lahaul Spiti), Chaitanya Sharma (Gagret), Bhutto (Kulehr) and Inder Dutt Lakhanpal (Barsar).

Pathania said the six MLAs were elected on the Congress party ticket, but they attracted the provisions of Anti-Defection law by defying the whip of the party.

 “I gave the lawyers exhaustive hearing and the record was perused. I gave full time to both parties. They defied the party whip,” he explained.

He said he had to give the order early, because of the intentions of the Anti Defection law. The Law Commission report also says that the ‘Aaya Ram Gaya Ram politics should not be there.

 “When you take oath as a candidate and become a candidate of a particular party, you should stay with that party and ideology,” Pathania said.

The six MLAs, who have been disqualified from the HP Assembly, had voted in the Rajya Sabha poll, leading to the victory of the BJP nominee.

The Speaker said he did not touch the Rajya Sabha polling part, as it did not involve whip. "Yet I have given my viewpoint because it is unethical to give a vote to another party. The Supreme Court may take cognisance of this also," he said.