HC notice to UP Assembly Speaker over pending applications on disqualification of Cong MLAs

The Lucknow Bench of the Allahabad High Court on Friday issued notice to the Speaker of Uttar Pradesh Assembly on the issue of allegedly keeping pending the application of Congress seeking disqualification of two of its MLAs -- Aditi Singh and Rakesh Singh -- for anti-party activities. 

The Bench of Justices Dinesh Kumar Singh and Pankaj Kumar Jaiswal has also issued notices to Aditi Singh and Rakesh Singh on the separate applications of daughter of Congress Rajya Sabha member Pramod Tiwari, Aradhana Misra 'Mona', a sitting MLA of the party in Uttar Pradesh. The bench has listed the matter on July 14 with a direction to take appropriate steps to serve notices to the MLAs using email and whatsapp. 

Rakesh Singh and Aditi Singh, Congress MLAs from Harchandpur and  Sadar respectively in Rae Bareli, won the 2017 Uttar Pradesh Assembly election on Congress tickets. 

In the case of Rakesh Singh, the Congress leader in UP Assembly Aradhana Misra has alleged that he worked against the party during General Elections of 2019 by working for the BJP candidate from Rae Bareli from where Congress President Sonia Gandhi was contesting. She said an application seeking disqualification of Rakesh Singh was filed before the Speaker of Uttar Pradesh Assembly petition Article 191(2) read with Para 2 (1)(a) of the Tenth Schedule of the Constitution May 31, 2019.

"Article 191 (2) of the Constitution of India says a person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule," Counsel for Misra, Rakesh Kaushik told PTI. He said the tenth schedule states the person will cease to be an MLA in case he voluntarily gives up membership of the House or if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs. Kaushik said the Supreme Court has fixed an outer limit of three months for the Speaker to decide on disqualification of MLAs which was brought to the personal knowledge of the Speaker yet the application is pending for more than a year.

In her petition pertaining to Aditi Singh, Misra has alleged that she defied the party whip to not attend the special session of Uttar Pradesh Assembly from October 02, 2019 which violated the Constitutional provisions.  Kaushik said the Congress petition seeking Aditi Singh's disqualification is pending before the Speaker since November 26, 2019. Congress has seven MLAs in the Assembly including Rakesh Singh and Aditi Singh.