Chandigarh, Sanjay Pahwa : Sh. Sher Singh Barshami, MLA and Deputy Leader of Indian National Lok Dal Legislative Party in Haryana Vidhan Sabha, today filed a petition before the Acting Speaker of Haryana Vidhan Sabha seeking the disqualification of 7 Independent MLAs of Haryana, who are all now Ministers in the Congress (I) Government of Haryana, under the 10th Schedule of the Constitution of India popularly known as “Anti Defection Law”. The seven members are Sh. Om Parkash Jain, Sh. Sukhbir Kataria, Sh. Gopal Kanda, Sh. Sultan Singh, Sh. Zaleb Khan, Sh. Parlhad Singh Gilakhera and Sh. Shiv Charan Sharma.
Accompanied by his lawyers Sarvshri Satya Pal Jain, Senior Advocate and Sh. Dheeraj Jain, Sh. Inder Pal Goyat and Sh. Davesh Moudgil, Advocates, Sh. Barshami reached the office of the Acting Speaker Sh. Akram Khan in Haryana Vidhan Sabha premises at 1.00 p.m. to submit the disqualification petition.
Addressing the media persons after filing the petition, Sh. Satya Pal Jain, Senior Advocate and Senior BJP Leader, said that all these 7 MLAs had been elected to Haryana Vidhan Sabha as independent MLAs in the last assembly election held in September/October, 2009. He said that immediately thereafter these MLAs extended their support to Congress to form the Government because Congress (I) had got only 40 out of 90 seats in the election. He said that thereafter all of them were given ministerial berths in the B.S. Hooda Cabinet by including Sh. O.P. Jain, Sh. Sukhbir Kataria and Sh. Gopal Kanda as Ministers and rest of the four as Chief Parliamentary Secretaries. Not only this, all these 7 members thereafter have been participating in the meetings and rallies organized by the Congress party in Haryana.
Mr. Jain said that under the 10th Scheduled to the Constitution of India, an independent MLA has to remain as an independent throughout the term of the Vidhan Sabha and in case he joins any political party, he is liable to be disqualified from the membership of the House. He said that since all these 7 MLA joined the Haryana Government, which is of the Congress Party, and later participated in the meetings and rallies of the Congress, so for all practical purposes they left their independent character and became a part and parcel of the Congress Party. He said that the Supreme Court in Jagjit Singh’s case has already held that even if an independent MLA does not formally join any political party but if he by his conduct loses his independent character even then he is liable to be disqualified from the membership of the House.
Mr. Jain hoped that the Speaker will soon take a decision, disqualifying all these 7 MLAs from the membership of the Haryana Vidhan Sabha and will not unnecessarily delay the same.
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