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This is an archive article published on April 20, 2011

Defector MLAs: Haryana Speaker files plea in HC

Haryana Vidhan Sabha Speaker Kuldeep Sharma on Tuesday filed an application in the Punjab and Haryana High Court,seeking permission to be replaced as appellant in an appeal challenging the order of a single bench of the court,which had directed him to decide a petition seeking disqualification of five defector MLAs within four months.

Haryana Vidhan Sabha Speaker Kuldeep Sharma on Tuesday filed an application in the Punjab and Haryana High Court,seeking permission to be replaced as appellant in an appeal challenging the order of a single bench of the court,which had directed him to decide a petition seeking disqualification of five defector MLAs within four months. The petition was by Kuldeep Bishnoi,MLA and president of Haryana Janhit Congress.

Sharma filed the affidavit since the appeal was filed by former speaker Harmohinder Singh Chatha. In the affidavit,he has stated that he has complete conviction on the grounds of appeal taken by Chatha and that he (Sharma) should be made the new appellant in the case.

short article insert Taking the application on record,a Division Bench headed by Justice M M Kumar on Tuesday questioned the basis of the appeal filed by the former speaker. The bench observed that the single bench had only set a deadline for disposal of the petitions and no direction was given on merits.

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On March 1,a division bench had stayed the order of the single bench. However,it had recorded the statement of the deputy speaker of the Vidhan Sabha,asking him to ensure that the proceedings pending before the Speaker are completed expeditiously.

Haryana Advocate General Hawa Singh Hooda sought adjournment in the case on the ground that Solicitor General of India,Gopal Subramaniam — who had appeared on behalf of the Speaker — was not available to address the arguments.

Opposing the adjournment,senior advocate Satya Pal Jain — counsel for Kuldeep Bishnoi — demanded that adjournment should not be granted. Jain averred that it was most unfortunate that Harmohinder Singh Chatha and most of the defector MLAs have been made ministers by the ruling government to prolong the matter of disqualification. “It is unfortunate that the Speaker,who is a Tribunal under the Constitution of India,is violating the mandate of the Constitution,the Supreme Court and the High Court,” said Jain.

Adjourning the case to April 29,the bench reiterated the previous order asking the Speaker to decide the disqualification petitions pending before him as expeditiously as possible.

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The five MLAs — Sat Pal Sangwan,Vinod Bhayana,Narender Singh,Zile Singh and Dharam Singh — were elected to Haryana Vidhan Sabha on tickets of Haryana Janhit Congress. On November 9,2009,they left Haryana Janhit Congress and joined the Congress.

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