SC refrains from dealing with plea related to disqualification of MP MLAs

The Supreme Court on Wednesday refrained from passing any order on a plea by Congress MLA Vinay Saxena alleging violation of three months deadline by the Speaker of Madhya Pradesh Assembly in deciding disqualification of the 22 MLAs who switched side to BJP.

A bench presided over by Chief Justice S A Bobde said the matter had has become infructuous.

Senior advocate Kapil Sibal, appearing for Saxena, however, submitted that disqualification matters should be heard on an urgent basis before it becomes infructuous.

The plea was filed in March, but now, this plea has become infructuous. Such matters become infructuous as time is sought by counsels. Goa, Karnataka, Tamil Nadu matters were all languishing. These are serious matters, he said.

"Time is sought by all the sides. Anyways, we will bear it in mind and reject such requests for adjournment," the bench said.

Bypolls of seats these dissidents MLAs have already been held on November 3.

On October 6, the Madhya Pradesh Assembly Speaker has informed the court that the disqualification petitions filed on March 10 and 15 against 22 Congress MLAs, who defected to BJP, were decided on June 12 by the then Protem Speaker within three months maximum time period, set up the top court in a 2020 judgement.

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.

"The time taken in deciding disqualification petition was due to resignation of erstwhile Speaker and due to unprecedented situation arising out of Covid-19 pandemic, which forced complete lockdown in the country," the Speaker said.

The Congress government in MP could not continue and the Chief Minister Kamal Nath had to put in his papers on March 20, 2020, after resignations of 22 Congress MLAs, owing allegiance to Jyotiraditya Scindia.

Saxena, through counsel Varun K Chopra, said during the pendency of disqualification petitions, 12 out of 22 MLAs have been appointed as ministers on July 2. Even Jagdish Deora, who was earlier acting as the Assembly Speaker, has been appointed as a minister.

He also said to the decision by the Protem Speaker was against the spirit of the Tenth Schedule (anti-defection law) and suffered from "mala fides, perversity, and a grave violation of constitutional mandate and principles of natural justice".