Division bench gives differing opinions; matter to go to another bench
TNR Desk
Three independent MLAs of Himachal Pradesh are yet to receive any reprieve from the High Court on their appeals seeking the acceptance of their resignation from the Assembly.
The HC’s double bench delivered its verdict on their petition on Wednesday (May 8, 2024), rejecting the application filed by the MLAs. The case was heard by Chief Justice MS Ramachandra Rao and Jyotsna Rewal Dua, who expressed differing opinions.
Advocate General Anup Ratan stated that due to the divergence in views, the case would now be referred to a third bench for further deliberation. Chief Justice Rao asserted that the Speaker’s position is constitutional, thus implying that the HC could not instruct the person on this esteemed post on matters of resignation acceptance and timing. Conversely, Judge Jyotsna Rewal Dua opined that the court could direct the Speaker to resolve the issue within two weeks.
Given the disparity in opinions, the case will now be reassigned to a third judge. Meanwhile, Speaker Kuldeep Singh Pathania also holds jurisdiction over the matter, with two petitions related to the case pending before him. Independent MLAs Hoshyar Singh from Dehra, KL Thakur from Nalagarh and Ashish Sharma from Hamirpur, had jointly filed the petition in the high court, contending that their resignations were voluntary and should be acknowledged as such.
The trio tendered their resignations on March 22 and subsequently joined the BJP in Delhi. In response to a show-cause notice issued by the Speaker, prompted by complaints from two ministers, all three MLAs submitted their replies on April 10. The notice questioned the timing and circumstances surrounding their resignations, probing whether any external pressure had influenced their decision-making.
