Bhopal (Madhya Pradesh): High Court’s principal bench in Jabalpur on Friday asked the state government why the Speaker has not decided termination of Bina MLA Nirmala Sapre’s membership even after 16 months.
The petition was filed by Leader of Opposition Umang Singhar and was heard before a division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf.
HC issued notices to Vidhan Sabha Speaker, Bina MLA Nirmala Sapre and state government regarding the anti-defection law. Singhar had filed the petition against four respondents but did not press for notice to Narendra Singh Tomar in person, so notice was sent only to the Vidhan Sabha Speaker.
The petition stated that Singhar had approached Speaker of the Madhya Pradesh Legislative Assembly seeking revocation of Nirmala Sapre’s membership, but the matter remains unresolved. Alleging inaction, Singhar moved HC seeking revocation of her membership.
Following the hearing, the court issued notices to Speaker and MLA Nirmala Sapre. Advocates Vibhor Khandelwal and Jayesh Gurnani appeared for Umang Singhar, while Advocate General Prashant Singh represented the state. The next hearing is scheduled for November 18.
Advocate Vibhor Khandelwal, representing Leader of Opposition, argued that the Speaker was acting contrary to principles laid down by the Supreme Court and was not deciding the anti-defection petition filed against Sapre.
He contended that under Paragraph 2(1)(a) of the Tenth Schedule and Article 191(2) of the Constitution, if an MLA changes party, his or her membership should be revoked. If such a person wishes to remain an MLA after defection, they must contest elections again.
