Maintaining that the process of terminating the membership of Bholath MLA Sukhpal Singh Khaira and Dakha MLA HS Phoolka was on, Punjab Vidhan Sabha Speaker Rana KP Singh on Friday said that the MLAs could always move the court in case they are dissatisfied.
Both Khaira and Phoolka, elected MLAs on the Aam Aadmi Party (AAP) ticket, has resigned from the party. While Phoolka had also submitted his resignation from the Vidhan Sabha, AAP has submitted a plea to disqualify Khaira from the House who had floated hos own party, Punjabi Ekta Party (PEP).
Besides, AAP's another MLA from Jaiton Master Baldev Singh had also resigned from the party and joined Khaira's PEP. Other than that, six other legislators have revolted against AAP's central leadership.
Responding to the issue raised by Shiromani Akali Dal (SAD) MLA Parminder Singh Dhindsa regarding the "status" of MLAs who have resigned from AAP or rebelled against it, the Speaker informed the House that the process is going on in case of both the MLAs.
"Phoolka has been issued summons for February 21, and I have told him that his resignation is not in proper format, and he is insisting that it is in right format. Now, he is seeking legal opinion on the same," said Rana KP while informing the House.
Regarding Khaira, he said that notices through registered letters were sent to him, "but every time, it was not accepted saying that he was not available or something. Now, we have no other option available than publication".
The Speaker said that notices to Khaira would soon be published in the newspapers, after which the next course of action would be taken.
Intervening, SAD MLA Bikram Majithia said that the question here is of massive exploitation of official machinery as lakhs of are being spent on these members by way of houses, vehicles, other allowances.
On this, the Speaker pointed that it was his jurisdiction, and upon him to decide about the action in the matter. "If you are still dissatisfied, the doors of courts are open," he told Majithia.
Vidhan Sabha has issued showcause notices to Khaira under the Tenth Schedule of the Constitution, asking why he shouldn’t be disqualified from the Assembly, and all has not been accepted by the leader. The reply was due to be received in 15 days.
It has been learnt that to avoid disqualification, neither Khaira is available in person to accepot the notice, nor he had allowed his staff and family members to accept the same on his behalf.
The notice had been issued to Khaira after Bholath resident Harsimran Singh and AAP MLA and the Leader of Opposition Harpal Singh Cheema asked the Speaker, through their separate representations, for Khaira’s disqualification under the Tenth Schedule of the Constitution of India.
Cheema had stated that Khaira had voluntarily given up AAP's primary membership and floated his own political outfit ‘Punjabi Ekta Party’.
He had quit AAP on January 6, six months after he was ousted from the post of the Leader of Opposition of the Punjab Assembly. However, he had not resigned as MLA and had dared the AAP to get him disqualified.
Facing split, AAP seems to be moving closer to lose the coveted post of the principal opposition party less than two years after it pushed Punjab’s decade-long rulers SAD-BJP to the third spot.
AAP's three MLAs, Phoolka, Khaira, and Master Baldev, have resigned from the party which becomes the main opposition party in 117-member House by bagging 20 seats during 2017 state assembly polls.
In case, the Khaira and Master Baldev were disqualified, and Phoolka’s resignation be accepted, AAP’s tally would come down to 17, just two above SAD’s 15 seats.
What may worry AAP is the fact that Khaira, who has recently floated PEP, enjoys the support of six sitting AAP MLAs. Out of these, Master Baldev has already resigned from AAP, Kharar MLA Kanwar Sandhu has been placed under suspension for speaking against the party and the high command, but has not resigned from the party.
Besides, Nazar Singh Manshahia, Pirmal Singh, Jagdev Singh Kamalu and Jagga Hissowal are openly supporting Khaira, though AAP’s state leadership has all along been claiming that they would soon return to the party fold.
In such a situation, SAD is keeping an eye on very development to at least regain the position of principal opposition party in the state.
SAD had many times raised the issue of disqualifying AAP MLAs while citing relevant articles of the Constitution.
As per the tenth schedule of the Constitution, any legislative member who voluntarily gave up membership of the political party he represents shall be disqualified from being a member of the legislative body.
As per Articles 102 (2) and 191 (2) of the tenth schedule, giving up the primary membership of a political party by a legislative member amounted to defection.