HC asks Speaker to file counter affidavit on petition

The Uttarakhand High Court today asked Assembly Speaker Govind Singh Kunjwal to file a counter affidavit on a petition challenging the disqualification of nine rebel Congress MLAs.
Justice U C Dhyani asked the Speaker to file his counter affidavit on April 18, directed the petitioners to file their rejoinder by April 22 and posted the matter for next hearing on April 23.
Responding to apprehensions expressed by the petitioners (disqualified MLAs) that the Election Commission might hold bypoll to the vacant seats represented by them pending hearing of their petition, Justice Dhyani said if something like this happens they were at liberty to approach the court and seek its protection, Saket Bahuguna, who is on a panel of lawyers representing the rebel MLAs, told reporters outside the court in Nainital.

However, Justice Dhyani refused to issue an interim order on the petition as a similar petition was pending before a division bench of the High Court comprising Justice K M Joseph and Justice V K Bisht.
Arguing on behalf of the Speaker before the single bench, senior Supreme Court Lawyer Kapil Sibal defended his action against the rebel MLAs saying there was enough ground for their disqualification as they openly joined hands with BJP by rushing into the Well of the House to seek a division of votes on the Approrpriation bill on March 18.
Countering the petitioners' (rebel MLAs) argument that they had not done anything which whould suggest that they rebelled against the party, Sibal said they had travelled along with BJP MLAs in a bus to Raj Bhawan and were then flown with them in a chartered flight to New Delhi.

This is tantamount to revolting against the party on whose ticket they had won their assembly seats, he argued.

The High Court had yesterday heard the contention of the petitioners through their counsel who had challenged the legality of the Speaker's action against the legislators on the ground that going against the state government could not be equated with going against the party and hence their disqualification under anti-defection law was not correct.
The petitioners lawyers had said the disqualified MLAs had neither quit the party they belonged to nor joined another and so what could be the ground for their disqualification as members of the state Assembly.

Kunjwal had disqualified nine rebel Congress MLAs from the state assembly on March 27.
However, only six of the nine disqualified MLAs have moved the court challenging the Speaker's action.
A political crisis had erupted in Uttarakhand on March 18 when nine MLAs of the Congress had aligned with BJP to demand a division of votes on an Approporpation bill on the state's annual budget.
The turn of events after that had led to dismissal of chief minister Harish Rawat's government and imposition of President's rule in the state.