Supreme Court refuses to stay the disqualification of six rebel MLAs from the Himachal Pradesh Assembly

Today (March 18, 2024), the Supreme Court (SC) was hearing the writ petition filed by six rebel MLAs (Members of the Legislative Assembly) of the Congress Party against their disqualification from the Himachal Pradesh Assembly by the speaker. The SC bench comprising Justice Dipankar Datta and Justice Sanjiv Khanna refused to stay the disqualification of six rebel MLAs. It said, “We can issue notice, that’s fine. But there will be no stay. Second, we won’t allow you to vote and be a part of the legislative assembly. We won’t even allow you to participate.” During the proceedings, Senior Advocate Satya Pal Jain pointed out that the election commission indicated May 7 as the date for filing nominations for the vacant seats after disqualification. Justice Khanna remarked, “The election commission may dela once we issue notice. That’s what normally happens…” At last, the SC said, “Issue notice in the main writ petition as well as the stay application. Re-list in the week commencing May 6. Counter-affidavit to be filed within 4 weeks, rejoinder, if any, within one week.” Earlier on March 12, 2024, the SC bench consisting of Justice Sanjiv Khanna, Justice Dipankar Datta, and Justice Prashant Kumar Mishra adjourned the hearing of the writ petition filed by six rebel MLAs till today (March 18) as well as expressed its doubt over the maintainability of the petition under Article 32 of the Indian Constitution.