Bishnoi seeks disaffiliation of 5 MLAs

by Haryananewswire
Chandigarh December 10
Kuldeep Bishnoi MLA and President of the Haryana Janhit Congress (BL) today filed 5 separate petitions before the Speaker Haryana Vidhan Sabha seeking the disqualification of 5 MLA’s of Haryana Janhit Congress, who had defected to Congress
(I), on November 10, 2009, from the membership of the Haryana Vidhan Sabha under the 10th scheduled of the constitution of India, popularly known as the anti-defection Law.
Accompanied by his lawyers Mr Satya Pal Jain, Senior Advocate (Ex-BJP MP) and Mr Dheeraj Jain and Mr Davesh Moudgil Advocates Mr. Kuldeep Bishnoi, reached the office of the Speaker in Haryana Vidhan Sabha around 10.00 a.m. Since the Speaker was not present in his office, Mr Bishnoi talked to him on phone and under the instructions of the Speaker, the petitions were received by the Personal Secretary to the
Speaker.
Addressing the media persons outside the office of the Speaker, the Satya Pal Jain, Senior Advocate and former BJP MP said that all the 5 MLA namely M/s Sat Pal Sangwan, Narinder Singh, Zile Ram Sharma, Vinod Bhayana and Sh. Dharam Singh were elected to the Haryana Vidhan Sabha on the ticket and Symbol of the Haryana Janhit Congress party.
They took oath and occupied, the seats in their capacity as the MLA’s of the Haryana Janhit Congress in the first session of the assembly.
However, suddenly on November 10, 2009, they left the HJC and joined the Indian National Congress saying that HJC has decided to merge with the Congress. He said that the Speaker of the Haryana Vidhan Sabha on the same day passed the order, allowing them to join the congress.
Mr. Jain said that the order passed by the Speaker is illegal, unconstitutional and against the provision of the 10th scheduled of the constitution of India. He said that the Haryana Janhit Congress is a duly recognized political party in Haryana and is even today functioning as a political party with its representatives in
Parliament and Vidhan Sabha also. He said that the action of the 5 MLA’s is not a case of merger, but is a case of defecting from one party to another. Therefore as per anti-defection Law, all these 5 MLA’s are liable to be disqualified from the membership of the house.
When a reporter asked him that in case the speaker delays or does not decide the petition, what will they do, Mr. Jain said that the constitutions requires the Speaker to decide such cases like a Judicial Tribunal and he hopes that the Speaker will act as per the constitutional mandate. But, he said that in case the Speaker does not do it, they will take appropriate decision at appropriate time.
Mr. Kuldeep Bishnoi said that inspite of his repeated request the Speaker has not supplied him either the copy of the so called applications moved by 5 defecting MLA’s to the Speaker or the orders passed by the Speaker on those application. He said that he will decide his further course of action, once he gets the copies of these documents from the Speaker.