Himachal news: High Court refers 3 Independent MLAs' resignation case to third judge

"The substance would present beryllium decided by a 3rd justice to beryllium constituted by the main justness who would perceive the lawsuit connected this peculiar point," said Advocate General Anup Rattan.

The part seat of the precocious tribunal had past week reserved its bid connected the plea of the 3 Independent MLAs.

The 3 MLAs, who had voted successful favour of the BJP nominee Harsh Mahajan successful the Rajya Sabha polls switching governmental loyalties, had resigned from the assembly connected March 22 and joined the BJP adjacent day.

Maintaining that the authorization to judge the resignations is vested lone with the Speaker nether Article 190(3)(b) of the Constitution, Chief Justice Rao declined to springiness immoderate alleviation to the petitioners and said that nary directions tin beryllium issued to the Speaker to instrumentality a determination connected accepting the resignations wrong a fixed clip frame.

The main justness said that helium has not expressed immoderate sentiment connected "voluntariness oregon genuineness" of the resignations.

However, Justice Dua said that "ends of justness would beryllium served" if directions are issued to the Speaker to instrumentality determination connected resignations successful tenable time, 2 weeks from the day connected which the judgement is intimated to him.

The Independent MLAs' resignations were not accepted arsenic immoderate Congress legislators filed a ailment that these MLAs had resigned nether duress, and a announcement was issued to them by the Speaker.

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Published: 08 May 2024, 11:46 PM IST