Shimla (Himachal Pradesh): Himachal Pradesh Legislative Assembly Speaker Kuldeep Singh Pathania is yet to accept the resignation of three Independent MLAs. The MLAs had recently resigned and joined the MLAs.
The three MLAs - Hoshiar Singh, KL Thakur and Ashish Sharma - had supported the BJP nominee Harsh Mahajan in the Rajya Sabha polls. Mahajan had won the Rajya Sabha polls and Congress candidate Abhishek Manu Sanghvi suffered defeat in the poll.
The trio had submitted their resignations to the Assembly Secretary as well as the Assembly Speaker. Apart from these three Independent MLAs, six MLAs who rebelled against Congress also joined the BJP.
After resigning from the membership of the Assembly, all the three Independent MLAs had met Himachal Pradesh Governor Shiv Pratap Shukla.
It is understood that the BJP is considering legal option. The BJP's Himachal Pradesh has sent a copy of Supreme Court to the Assembly Secretariat and Raj Bhawan. "The MLAs can also approach the court," sources added.
Former Himachal Pradesh Chief Minister and Leader of Opposition Jairam Thakur said the case of disqualification of 16 MLAs of Eknath Shinde faction in Maharashtra is pending with Maharashtra Assembly Speaker Rahul Narvekar.
"The Supreme Court has instructed the Speaker to give a decisive verdict in this matter. In such a situation, it remains to be seen what decision Himachal Assembly Speaker Kuldeep Singh Pathania takes. Pathania himself is an experienced lawyer. Pathania has minute knowledge about all legal aspects. If this decision is not taken on time, then BJP's strategy for the by-elections will be affected," added Thakur.
Senior Advocate Vikrant Thakur of Himachal Pradesh High Court said under the existing law the Speaker will have to accept the resignation. "If the Speaker rejects the resignation, he will have to explain the reason," added Thakur.
What does the anti-defection law say?
If the Independent MLAs join any political party before the five-year period, they will automatically be disqualified under the Anti-Defection Law.
