The Tribune
Chandigarh, August 11 : Acting on a petition filed by Haryana Janhit Congress president-cum-MLA Kuldeep Bishnoi seeking the disqualification of MLAs who have “defected” from his party, Justice Permod Kohli of the Punjab and Haryana High Court today issued a notice of motion for September 1 to the Haryana Vidhan Sabha Speaker.
... Counsel for the petitioner Satya Pal Jain, Dheeraj Jain and Davesh Moudgil said in the general elections to the Haryana Vidhan Sabha held in October 2009, six members were elected on the ticket of the Haryana Janhit Congress, a recognised political party in Haryana.
But in November 2009, the five members submitted applications to the Speaker saying the “legislators of the Haryana Janhit Congress have decided to merge the party with the Indian National Congress”. On the same day, the Speaker, without a notice to the HJC president, passed two orders accepting the alleged merger.
Satya Pal Jain said the Speaker’s orders, accepting the alleged merger, were unconstitutional because he did not give any opportunity of hearing to the HJC president before passing the orders. Even otherwise, the legislative wing of any party is not competent to take a decision on merger.
Jain said the legislative group was just a wing, and its resolution could not be called as original political party. He said the HJC never decided to merge and was still functioning as such in the Haryana Vidhan Sabha and Parliament.
