Supreme Court Gives MP Assembly Speaker Two Months To Decide Congress MLA Nirmala Sapre's Disqualification Plea Under Anti-Defection Law

Bhopal (Madhya Pradesh): The Supreme Court on Wednesday directed the Madhya Pradesh Assembly Speaker to decide within two months a disqualification plea against rebel Congress MLA Nirmala Sapre under the anti-defection law, pending for over two years.

The petition, filed in July 2024 by Leader of Opposition Umang Singhar, alleges that Sapre voluntarily gave up her Congress membership and joined the BJP after winning the 2023 Assembly election on a Congress ticket.

Advocate Vivek Tankha, appearing for the petitioner, described it as a "classic case which spelt death knell of the Tenth Schedule of the Constitution".

Tankha submitted that Sapre was campaigning with the opposite side, yet the Speaker had not commenced proceedings.

The bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana expressed displeasure over the High Court's refusal to ensure an expeditious decision.

The bench observed that petitions under the Tenth Schedule must be adjudicated expeditiously.

High Court

Tankha said the High Court had dismissed Singhar's plea for a time-bound decision, holding that there was no urgency as proceedings were underway before the Speaker.

Sapre had denied resigning from Congress or joining the BJP.

Disagreeing with the High Court, the Supreme Court said such petitions must be decided expeditiously, irrespective of the Assembly's remaining term. It directed the Speaker to decide the petition within two months.

The claims

Sapre, a first-time MLA from Bina in Sagar district, won on a Congress ticket in 2023.

She allegedly joined the BJP in May 2024 in the presence of Chief Minister Mohan Yadav during the Lok Sabha campaign, but subsequently denied formally joining the party.