Speaker seeks dismissal of disqualified Cong MLAs plea

The Uttarakhand Assembly Speaker today sought dismissal in the High Court of the petition of the nine Congress MLAs against their disqualification saying they violated the law against defection and deserved to be punished for it.
Appearing for Speaker Govind Singh Kunjwal, he said the question to be put to the nine dissident MLAs is "how they went to BJP" and whether "they (nine) have violated the 10th schedule of the Constitution".
"If they have violated the 10th schedule, how can they seek stay of disqualification," the senior counsel asked.
"How can they seek stay of disqualification when according to the division bench (of Uttarakhand High Court) they have committed the Constitutional sin of defection?" he said.

"When they joined the BJP and signed the memorandum (for division of votes), they knew it was unethical and unconstitutional," Sibal argued before Justice U C Dhyani the Speaker's case during hearing on the petition filed by the nine MLAs against their disqualification.
He contended that by joining the BJP, the nine MLAs have "voluntarily given up their party membership" as they voted against the party's policy (on the Appropriation Bill) and also voted for the fall of the government.

Sibal sought the dismissal their plea on the ground that they stated "falsehoods" before the court by contending that they were not given the documents relied upon by the Speaker.

The dismissal was also pleaded on the grounds that the petitioners did not disclose crucial material, which was in their possession, before the court and that they "jumped the hierarchy of courts".
He said that on these three grounds the High Court need not entertain the petitions filed under Article 226 challenging their disqualification.
Sibal questioned how Congress can be accused of horse-
trading when it was only "trying to bring back" its nine MLAs who had "bolted" to BJP camp.
"They (the nine) had gone to the legislative Assembly (on March 18) after making a deal with BJP. They had planned this (division of votes) in the morning.

"So what horse-trading are we talking of now? The nine horses bolted to BJP camp before the events of March 18. So BJP can horse-trade and we (Congress) are accused of horse-trading for trying to bring back our own MLAs,"
Sibal also objected in court to non-appearance of the senior counsel for the nine saying it was not fair to court as today's date was fixed with mutual consent.
After Sibal concluded arguments on behalf of the Speaker, Justice Dhyani listed the matter for further hearing on April 25.
The judge also said that his "only anxiety" was that if he was to deliver a verdict before the April 29 floor test, then he "needs time to think it over".

The court on April 25 will hear arguments on behalf of the nine rebel Congress MLAs.
Earlier in the day the briefing counsel for the nine MLAs had sought an adjournment on the ground that they have moved the Supreme Court for transferring their petitions there.
Sibal told the court that their plea for transferring the petitions was not allowed by the apex court.
He also said that it appeared that the nine do not want the High Court to hear their pleas.
On Monday, the counsel for the disqualified MLAs will present their case.