Haryana speaker asked to decide on defectors within 4 monthsDecember 20th, 2010 - 7:05 pm ICT by IANS
Chandigarh, Dec 20 (IANS) The Punjab and Haryana High Court Monday directed the Haryana assembly speaker to decide within four months on the disqualification of five legislators who defected. Justice Ajay Tiwari of the high court issued the directive to assembly Speaker Harmohinder Singh Chatha on the petition of the Haryana Janhit Congress (HJC), which sought disqualification of five of its legislators who defected to the ruling Congress party in November last year.
Counsel for the speaker as well as the five lawmakers contested the high court ruling, and contended that the high court had no jusrisdiction over the speaker’s office.
Justice Tiwari, however, observed that “nobody is above law” and that the defection of the five lawmakers had given the Bhoopinder Singh Hooda government legitimacy.
Opposition HJC president Kuldeep Bishnoi had filed a petition in the high court demanding disqualification of the five legislators, who claimed they had “merged” their group with the ruling Congress. The move helped the Hooda government gain simple majority in the assembly.
The five legislators were Sat Pal Sangwan, Vinod Bhayana, Narender Singh, Zile Singh and Dharam Singh. They joined the Congress Nov 9 last year, only days after the assembly election results were declared and the Congress failed to get simple majority on its own.
Senior advocate Satya Pal Jain, appearing for Bishnoi, told the high court that though the petition for disqualification of the five legislators was submitted Dec 16, the speaker was taking long time to give his decision.
“The speaker failed even to get reply from these five MLAs over one year, though the anti-defection rules stipulated that the reply was to be filed within seven days,” Jain pointed out.
Bishnoi challenged the five MLAs’ contention that their group “merged” with the Congress, saying this was done without his consent as the HJC president alone had the power to merge the party with another.
Bishnoi later moved the high court, alleging malafide against the speaker and alleged the delay was intentional. He said Chatha was adjourning the matter on one pretext or the other.
Chatha’s counsel contended Monday that the court did not have jurisdiction over the issue and cannot interfere with the functioning of the speaker.
Counsel for the five MLAs also said that the court had no power to give direction to the speaker to decide the case within any particular time.
However, the high court observed that no one was above the law. It said that the defection by the legislators had given legitimacy to the Hooda government and had they not joined, the government may not have been formed.
- High court notice to Haryana's defector legislators - Aug 11, 2010
- Defecting Haryana legislators, speaker given 6 weeks to reply - Sep 01, 2010
- Haryana's defector legislators object to hearing - Feb 04, 2011
- Defectors, independents, dissidents - all part of Hooda government - Feb 13, 2011
- Defector Haryana lawmakers want disqualification petition dismissed - Nov 10, 2011
- Court reserves decision in legislators' case - Dec 17, 2010
- Court declares five Haryana lawmakers as unattached (Lead) - Dec 20, 2011
- Judge withdraws from Haryana lawmakers' case - Nov 17, 2010
- Supreme Court breather for five Haryana legislators (Lead) - Jan 04, 2012
- Bishnoi wants 'defector' HJC legislators unseated - Dec 09, 2009
- Supreme Court breather for 5 HJC legislators - Jan 04, 2012
- Bishnoi to boycott Haryana assembly session - Sep 07, 2010
- Bishnoi resigns from Haryana assembly - Oct 24, 2011
- Hooda expands ministry, includes HJC defectors - Jan 28, 2011
- Four HJC lawmakers join Congress in Haryana, one more to join (Intro Roundup) - Nov 10, 2009
Tags: 4 months, ajay, assembly election results, assembly speaker, chatha, congress party, contention, defection, defectors, dharam singh, government legitimacy, haryana speaker, hjc, hooda, jain, kuldeep bishnoi, legislators, mlas, punjab and haryana high court, zile