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Resignation of Independent MLAs: HC reserves judgment

By, Shimla
Apr 30, 2024 11:21 PM IST

HC on Tuesday reserved its judgment in a petition filed by three Independent MLAs, Ashish Sharma, KL Thakur, and Hoshiyar Singh challenging constitutional authority and delay caused in accepting their resignation. The petitioner had sought directions from the court that the speaker should accept their resignation.

: Himachal Pradesh high court on Tuesday reserved its judgment in a petition filed by three Independent MLAs, Ashish Sharma, KL Thakur, and Hoshiyar Singh challenging constitutional authority and delay caused in accepting their resignation. The petitioner had sought directions from the court that the speaker should accept their resignation.

Himachal Pradesh high court on Tuesday reserved its judgment in a petition filed by three Independent MLAs, Ashish Sharma, KL Thakur, and Hoshiyar Singh challenging constitutional authority and delay caused in accepting their resignation. The petitioner had sought directions from the court that the speaker should accept their resignation. (Getty Images/iStockphoto/ Representational image)
Himachal Pradesh high court on Tuesday reserved its judgment in a petition filed by three Independent MLAs, Ashish Sharma, KL Thakur, and Hoshiyar Singh challenging constitutional authority and delay caused in accepting their resignation. The petitioner had sought directions from the court that the speaker should accept their resignation. (Getty Images/iStockphoto/ Representational image)

The division bench comprising chief justice Ramachandra Rao and justice Jyotsana Rewal Dua heard the case and reserved its judgment. The court had earlier issued notice to Vidhan Sabha speaker Kuldeep Singh Pathania and the case was last heard on April 24. The speaker’s counsel, Supreme Court’s senior advocate Kapil Sibal put forth his arguments, virtually.

The three Independent MLAs had filed a petition in the Himachal HC saying that they had willfully resigned from Vidhan Sabha.

Shimla Urban MLA Harish Janartha filed a petition in the high court, he had sought an opportunity to appraise the court before the decision. Janartha had sought the court’s intervention. The court quashed his application.

Revenue minister Jagat Singh Negi had filed a petition with the speaker, demanding the disqualification of the three MLAs under the anti-defection law.

The three independent MLAs had resigned from their posts on March 22. The three joined the BJP on March 23. But till now the speaker has not accepted his resignation. After this the MLAs approached the HC.

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