Supreme Court Directs MP Speaker To Decide Bina MLA Disqualification Plea In Two Months

The Supreme Court in India on Wednesday directed the Speaker of the Madhya Pradesh Legislative Assembly to decide the disqualification petition against Bina MLA Nirmala Sapre within two months.

Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order on a petition filed by Leader of Opposition Umang Singhar.

Petition pending since July 2024

Singhar, who is a Congress leader, alleged that Sapre was elected from Bina in the 2023 Assembly polls on an Indian National Congress ticket. According to the plea, she later voluntarily relinquished membership of the Congress. The plea further states that she joined the Bharatiya Janata Party after her election. The petitioner contends that such conduct attracts disqualification under the Tenth Schedule of the Constitution of India. The disqualification petition has remained pending before the Speaker since July 2024. Singhar sought a time-bound disposal of the petition pending before the constitutional authority. The matter reached the Supreme Court after the High Court refused to ensure a speedy decision on the pending petition.

The Bench expressed displeasure over the delay in disposal of the petition. It also expressed displeasure over the refusal by the Madhya Pradesh High Court to ensure a speedy decision on the matter. The Bench said pleas filed under the Tenth Schedule must be decided expeditiously. It said expedition is required even if there is no immediate urgency in the matter. The Court made clear that it has expressed no view on whether Sapre has incurred disqualification.

No finding on voluntary relinquishment or joining another party has been recorded by the Supreme Court. It left that question entirely for the Speaker to decide in accordance with law. The decision of the Speaker will determine whether the Bina seat attracts disqualification under the Tenth Schedule. The Speaker is now required to take a decision on the petition filed by Singhar within the two-month period fixed by the order.