MP HC issues notices to speaker, MLA on plea citing delay in disqualification decision

Jabalpur, Nov 7 (PTI) The Madhya Pradesh High Court on Friday issued notices to the Assembly speaker as well as Bina MLA Nirmala Sapre on a plea challenging the delay in deciding on her disqualification for switching over from the Congress to the ruling BJP.

The petition, filed by Leader of Opposition Umang Singhar, said the speaker had not taken any decision on his application moved 16 months ago seeking cancellation of Sapre's Assembly membership under anti-defection provisions.

The plea mentioned that Sapre was elected as a Congress MLA from Bina constituency and later joined the BJP in the presence of Chief Minister Mohan Yadav.

A division bench of Chief Justice Sanjiv Sachdeva and Justice Vinay Saraf heard the case and sought replies from the Speaker and Sapre.

Advocates Vibhor Khandelwal and Jayesh Gurnani, appearing for the petitioner, argued that the Speaker's inaction was contrary to the legal principles laid down by the Supreme Court.

They cited Paragraph 2(1)(a) of the Tenth Schedule and Article 191(2) of the Constitution, which states that a legislator who defects should be disqualified from the House and must re-contest elections to retain membership.

During the hearing, the bench asked Advocate General Prashant Singh why the Speaker had not ruled on the disqualification plea despite 16 months having passed, when the Supreme Court in Padi Kaushik Reddy vs State of Telangana and Kesham vs State of Manipur had mandated that such petitions be decided within three months.

The court then issued notices to the Speaker and Sapre, directing them to file their responses before the next hearing, which has been scheduled for November 18. PTI COR LAL BNM