- March 2, 2024
Himachal MLA Disqualification: Confusion Over Anti-Defection Law Provision
Himachal MLA Disqualification: Confusion Over Anti-Defection Law Provision
The disqualification of six rebel Congress MLAs in Himachal Pradesh has sparked questions about the legal grounds used in the process. While the notification issued by the Vidhan Sabha Secretariat cites Para 2(1)(a) of the Tenth Schedule to the Constitution (Anti-Defection Law), Advocate Hemant Kumar argues that the appropriate provision should have been Para 2(1)(b).
Grounds for Disqualification:
- Notification cites Para 2(1)(a): This provision deals with voluntarily giving up membership of the parent political party.
- Advocate Kumar argues for Para 2(1)(b): This provision addresses voting or abstaining from voting against a party whip without prior permission, which is the alleged offense of the rebel MLAs in this case.
Confusion and Legal Implications:
- The mention of an incorrect provision in the notification raises questions about the validity of the disqualification process.
- Advocate Kumar suggests this could be an unintentional error or a deliberate act, leaving room for legal challenges.
Challenges and Timeline:
- The disqualification order can be challenged before the High Court under Writ Jurisdiction.
- The High Court can potentially intervene and delay the by-elections in the vacated constituencies.
- As per law, by-elections must be held within six months from the vacancy date, potentially coinciding with the upcoming Lok Sabha elections.
Key Points:
- Six rebel Congress MLAs in Himachal Pradesh were disqualified from the Vidhan Sabha.
- The notification mentions incorrect legal grounds for the disqualification, raising legal concerns.
- The disqualified MLAs can challenge the order in court, potentially delaying by-elections.
- By-elections might coincide with the upcoming Lok Sabha elections if not held within six months.
This situation highlights the complexities of the Anti-Defection Law and the potential legal challenges that can arise in its application. The final outcome will depend on the court’s interpretation of the relevant legal provisions and the evidence presented in the case.
