In a fresh bid to disqualify rebel legislator Kiran Choudhry, the Haryana Pradesh Congress Committee has again approached Assembly Speaker Gian Chand Gupta. Congress MLAs Mewa Singh and Induraj Singh Narwal submitted a petition requesting the Speaker to prohibit Tosham MLA Kiran Choudhry from participating in the upcoming Rajya Sabha elections.
In the petition filed on July 30th, the Congress legislators have argued that Choudhry’s decision to voluntarily resign from the party’s primary membership on June 18th and join the BJP the next day constitutes defection as per the anti-defection law. While a disqualified member forfeits their Assembly seat, Choudhry continues serving as an MLA despite inciting disqualification under the 10th Schedule of the Constitution, the petition highlighted.
Citing precedence, the petition also noted that it is the Speaker’s constitutional duty to enforce anti-defection provisions irrespective of any petitions. Even if a petition is withdrawn, the Speaker is bound to implement the law’s mandate.
Seeking interim relief until the matter’s final disposal, the Congress MLAs have requested restraining Choudhry from participating in Assembly proceedings, especially the crucial RS polls, to avoid causing “irreparable harm to the democratic process.” Given the BJP government’s minority in Haryana, allowing Choudhry’s vote could facilitate an “illegal act”, undermining rule of law, the petition stated.
Earlier too, the Speaker had dismissed similar pleas by Congress leaders citing procedural flaws. With Assembly elections just months away, this fresh petition adds another dimension to the ongoing political tussle in Haryana. How the Speaker responds will be closely watched.
