MP High Court issues notices to Speaker Tomar, MLA Nirmala Sapre over anti-defection petition

The Madhya Pradesh High Court has issued notices to Assembly Speaker Narendra Singh Tomar and Congress MLA from Bina Nirmala Sapre over a long-pending petition seeking Sapre’s disqualification under the anti-defection law, after she allegedly quit the Congress and joined the Bharatiya Janata Party (BJP) last year.

The division bench, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, heard the matter on Friday and directed both parties to file their responses before the next hearing, scheduled for November 18, 2025. The petition was filed by Leader of the Opposition in Madhya Pradesh Assembly Umang Singhar, who has alleged that the Speaker’s inaction for over sixteen months violates both constitutional provisions and Supreme Court directives.

Sapre, who won the 2023 Assembly election from Bina constituency in Sagar district on a Congress ticket, formally joined the BJP in May 2024 in the presence of Chief Minister Dr Mohan Yadav and senior party leaders. Her defection came just weeks before the Lok Sabha elections, making her the third opposition MLA in Madhya Pradesh to cross over to the BJP since the polls were announced.

Despite repeated representations, the petition filed by Singhar before the Speaker—seeking her disqualification under Paragraph 2(1)(a) of the Tenth Schedule and Article 191(2) of the Constitution—has seen no movement. The Leader of the Opposition then approached the High Court, alleging that the Speaker was deliberately delaying the decision to protect the ruling party’s interests.

During Friday’s hearing, Chief Justice Sachdeva questioned the state’s Advocate General Prashant Singh over the inordinate delay. The bench cited the Supreme Court’s rulings in Padi Kaushik Reddy vs. Telangana State and Kesham vs. Manipur State, which mandate that defection petitions must be disposed of within three months. The court observed that the Speaker’s prolonged inaction undermines the principles of constitutional morality and legislative integrity.

Representing Singhar, advocates Vibhore Khandelwal and Jayesh Gurnani argued that Sapre’s switch of allegiance constituted “voluntary surrender” of her Congress membership and, therefore, her Assembly membership automatically stands terminated. They added that under the Constitution, a legislator who defects must contest a fresh election to retain legitimacy.

The court found merit in the arguments and issued notices to both the Speaker and Sapre, seeking their formal replies. Sapre’s defection had triggered political ripples last year, as Bina is a key constituency in the Bundelkhand region, and her exit had further weakened the Congress in the Sagar belt.

The development also comes amid growing debate over the implementation of the anti-defection law, with the judiciary repeatedly emphasizing timely adjudication to preserve democratic accountability.

With the High Court’s intervention, pressure is likely to mount on the Assembly Speaker to expedite the pending disqualification proceedings. Until a decision is taken, Sapre remains in an unusual position—elected as a Congress MLA but functioning as a BJP member—a situation that has revived old questions about the enforcement of political ethics and constitutional discipline in Indian legislatures.