<p>The Congress party on Tuesday questioned before the Supreme Court the dismissal of disqualification petitions against 22 rebel Congress MLAs by the then Protem Speaker as ex facie unconstitutional and against the spirit of the Tenth Schedule (anti-defection law) of the Constitution.</p>.<p>Senior advocate Kapil Sibal, appearing for a Congress MLA Vinay Saxena, submitted before a bench presided over by Chief Justice S A Bobde that the Protem Speaker is appointed only for a limited purpose of the confidence motion and he cannot decide on petitions seeking disqualification.</p>.<p>The bench, also comprising Justices A S Bopanna and V Ramasubramanian, suggested the petitioner to approach the High Court. Sibal, for his part, said the bypoll on the seats vacated by rebel MLAs was scheduled on November 8. The plea filed in the top court in July must be heard and decided.</p>.<p>On this, the court put the matter for hearing after two weeks.</p>.<p>The petitioner contended the rebel MLAs cannot be appointed as ministers in the Shivraj Singh Chouhan government during the pendency of disqualification petitions.</p>.<p>The Madhya Pradesh Assembly Speaker, however, informed the court that the disqualification petitions filed on March 10 and 15 against 22 Congress MLAs, who switched side to BJP after resignation of senior leader Jyotiraditya Scindia, were decided on June 12 by the then Protem Speaker within three months maximum time period, set up by the top court in a 2020 judgement.</p>.<p>Speaker Rameshwar Sharma, who was appointed on July 2, said 22 ex MLAs were ceased to be members of the Assembly when their resignations were accepted by the erstwhile Speaker on March 10. He maintained the disqualification petitions against them were filed on March 10 and 15.</p>.<p>In a related development, the court declined to consider a petition filed by advocate Aradhana Bhargava through advocate Vipin Nair, wherein she questioned appointment of 14 former Congress MLAs as ministers in Shivraj Singh Chouhan government.</p>
<p>The Congress party on Tuesday questioned before the Supreme Court the dismissal of disqualification petitions against 22 rebel Congress MLAs by the then Protem Speaker as ex facie unconstitutional and against the spirit of the Tenth Schedule (anti-defection law) of the Constitution.</p>.<p>Senior advocate Kapil Sibal, appearing for a Congress MLA Vinay Saxena, submitted before a bench presided over by Chief Justice S A Bobde that the Protem Speaker is appointed only for a limited purpose of the confidence motion and he cannot decide on petitions seeking disqualification.</p>.<p>The bench, also comprising Justices A S Bopanna and V Ramasubramanian, suggested the petitioner to approach the High Court. Sibal, for his part, said the bypoll on the seats vacated by rebel MLAs was scheduled on November 8. The plea filed in the top court in July must be heard and decided.</p>.<p>On this, the court put the matter for hearing after two weeks.</p>.<p>The petitioner contended the rebel MLAs cannot be appointed as ministers in the Shivraj Singh Chouhan government during the pendency of disqualification petitions.</p>.<p>The Madhya Pradesh Assembly Speaker, however, informed the court that the disqualification petitions filed on March 10 and 15 against 22 Congress MLAs, who switched side to BJP after resignation of senior leader Jyotiraditya Scindia, were decided on June 12 by the then Protem Speaker within three months maximum time period, set up by the top court in a 2020 judgement.</p>.<p>Speaker Rameshwar Sharma, who was appointed on July 2, said 22 ex MLAs were ceased to be members of the Assembly when their resignations were accepted by the erstwhile Speaker on March 10. He maintained the disqualification petitions against them were filed on March 10 and 15.</p>.<p>In a related development, the court declined to consider a petition filed by advocate Aradhana Bhargava through advocate Vipin Nair, wherein she questioned appointment of 14 former Congress MLAs as ministers in Shivraj Singh Chouhan government.</p>
