Why haven't you moved H.P. HC against disqualification: SC asks disqualified MLAs

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had on February 29 disqualified the six MLAs on the Congress’ plea for “defying” the party whip that required them to be present in the House and vote for the budget.

The Supreme Court on March 12 asked six rebel Congress MLAs, who had cross-voted in the recent Rajya Sabha polls in Himachal Pradesh, as to why they have not moved the High Court challenging their disqualification.

Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania had on February 29 disqualified the six MLAs on the Congress' plea for "defying" the party whip that required them to be present in the House and vote for the budget.

Their plea challenging the Speaker's decision came up for hearing before a bench of Justices Sanjiv Khanna, Dipankar Datta and Prashant Kumar Mishra.

The counsel representing the six petitioners requested the Bench to adjourn the matter for either March 15 or March 18, saying senior advocate Harish Salve, who would appear for them, was not able to join the proceedings.

"But tell us one thing, why didn't you go to the High Court?" Justice Khanna asked.

When the counsel said the petitioners have explained the reasons in the petition and they were elected as MLAs, the bench observed, "That is not a fundamental right".

"It is rare case where within 18 hours, the Speaker disqualified us," the counsel said.