The membership of disqualified Congress MLA Pardeep Chaudhary has been restored in Haryana Assembly, a month after Himachal Pradesh High Court stayed his conviction in a decade-old rioting case.
Chaudhary was disqualified, following his conviction in January this year, which was stayed on April 19 by Himachal Pradesh High Court.
Haryana Assembly Speaker Gian Chand Gupta, while talking to the mediapersons on Thursday said his membership from Kalka assembly seat has been restored subject to the final outcome of the case.
When asked why it took a month to take the decision, Gupta said they received the certified copy of the court order, a week after it was announced, and then the matter was referred for legal advice to Haryana Advocate General.
“Today (Thursday) itself, we have received the legal advice and immediately acting upon it, the membership has been restored with effect from April 19,” he said.
The Speaker also clarified that the Congress MLA will not receive the salary and other incentives for the period between January 14 to April 19, the time of suspension of his membership.
A notification has been issued to restore his membership. This would be sent to the Election Commission. The notification dated January 30 declaring Kalka assembly seat in Haryana Assembly vacant is also withdrawn, Gupta added.
The Kalka seat had been declared vacant after the disqualification of Chaudhary.With restoration of his membership, Congress, which is the main opposition in Haryana, now has a strength of 31 MLAs in the 90-member House.
Chaudhary was sentenced to three years in jail by a Nalagarh court in Himachal's Solan district, following his conviction on January 14 in a case of assault, rioting and other penal offences. He had contended before the HP High Court that since he had challenged the conviction before the Appellate Court, the sentence awarded to him by the trial court should be stayed.
Chaudhary had incurred disqualification under provisions of section 8 (3) of the Representation of the People's Act, 1951, the notification said. Chaudhary had also met Speaker Gupta seeking restoration of his membership after the April 19 order. Last week, former Haryana Chief Minister and Leader of opposition, Bhupinder Singh Hooda had also written to the Speaker to restore Chaudhary's membership in the wake of the High Court order.