SC bars 6 Haryana MLAs from RS vote

A vacation bench comprising Justices K.G. Balakrishnan and P.V. Reddi barred the MLAs from voting in the legislature while permitting them to participate in the proceedings of the Assembly and draw allowances. The bench allowed the petitioners to mention it for early hearing before the Chief Justice of India.

The independent MLAs who were disqualified are Dev Rajdiwan (Sonepat), Bhim Sen Mehta (Indri), Jai Prakash Gupta (Karnal) and Rajinder Singh Bisla (Ballabgarh). The other two are Karan Singh Dalal and Jagjit Singh, the lone MLAs from RPI and NCP who formed their own party.

The interim order of the court would hit the prospects of Congress nominee Kiran Chaudhary and Independent Tarlochan Singh, chairman of National Minorities Commission while Chief Minister Om Prakash Chautala’s son is set for a comfortable win.

Appearing for four independent MLAs, former attorney general Soli Sorabjee said the Speaker’s decision appeared to be taken in ‘‘undue and indecent haste and in a pre-meditated manner’’ to deprive them the right to vote. Denying that any of the MLAs had joined the Congress, he said no law bars them from showing their support to a party as long as they do not join it.

Sorabjee said the evidence primarily consisted of alleged statements made by the MLAs before TV cameras and reminded the court that even Tehelka expose tapes had to be sent for forensic examination despite everything appearing to be in order there.

Appearing for the Haryana government, senior advocate Shanti Bhushan said it was a clear-cut admission on the part of the MLAs that they have joined the Congress and prima facie constituted the crux of the evidence for the Speaker to take the decision. He said proper notice was given to them before the Speaker took up the proceedings for disqualification.