MP High Court Rejects Congress MLA's Plea Against Speaker's Inaction On Disqualification Of BJP MLA For 'Defection'

The Madhya Pradesh High Court on Monday (September 1), dismissed a plea by Congress MLA Umang Singhar against alleged inaction of the Assembly's Speaker on adjudicating Singhar's plea for disqualification of BJP MLA from Bina constituency Nirmla Sapre "on the ground of committing defection".Justice Pranay Verma, presiding at the high court bench at Indore, in his order noted that the place of sitting of the Speaker is at Bhopal and he is required to pass the order at Bhopal. The court said that Sapre had been elected from "Bina constituency in District Sagar which is beyond the territorial jurisdiction of this Bench"."The integral part of cause of action has hence undoubtedly arisen beyond the territorial jurisdiction of this bench and merely for the reason that the petitioner is resident within the territorial jurisdiction of this bench, it cannot be said that the same has any relevance with the subject matter of the lis or is an integral part of the same. The petitioner has failed to establish that a legal right claimed by him has prima facie been infringed or is threatened to be infringed by the respondents within the territorial limits of this Bench. The fact that the petitioner is resident within the territorial jurisdiction of this bench has no bearing with the lis or the dispute involved in the present case". For context, Paragraph 2, Schedule 10 of the Constitution of India states:"Disqualification on ground of defection.—(1) Subject to the provisions of 3 [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House— (a) if he has voluntarily given up his membership of such political party".Singhar, MLA from Gandhwani, claimed that Sapre (Respondent no 4) contested the MP State Assembly Election of 2023 from Bina constituency as an approved candidate of INC, and was elected as the returned candidate from the said constituency. He said that Partial cause of action arises to the petitioner in Dhar which falls within the territorial jurisdiction of high court bench at Indore. It was claimed that after being elected, Sapre voluntarily gave up her membership from INC and joined the Bhartiya Janta Party, which amounts to defection per paragraph 2(1)(a) of Schedule 10 of the Constitution. Therefore, she should be declared disqualified from continuing as a member of the assembly in light of Article 191(2) of the Constitution. Singhar argued that he had filed a representation before the Speaker (Respondent no 2) of the Legislative Assembly for the declaration of the disqualification of Sapre, but no action was taken.However, Sapre had filed two applications before the court raising a primary objection regarding the maintainability of the petition, citing a lack of territorial jurisdiction. It was claimed that since the office of the Speaker of the Legislative Assembly was situated in Bhopal and Sapre is an MLA from Bina Constituency, District Sagar, the matter falls beyond the territorial jurisdiction of the high court bench at Indore. Assuming that a small part of the cause of action arises within the territorial jurisdiction of the Indore Bench, the high court opined that the same is not a determinative factor compelling the bench to decide the matter. Thus, the court observed that "it is a fit case to refuse exercise of discretionary jurisdiction by invoking the doctrine of forum convenience". Accordingly, the court dismissed the petition and granted liberty to the petitioner to approach the competent Bench having territorial jurisdictionCase Title: Umang Singhar v State of Madhya Pradesh (WP-38050-2024)Citation: 2025 LiveLaw (MP) 182For Petitioner: Advocate Vibhor KhandelwalFor Respondent: Advocate General Prashant Singh with Deputy Advocate General Shreyraj SaxenaFor Respondent no 4: Advocate Manish NairClick here to read the Order

MP High Court Rejects Congress MLA's Plea Against Speaker's Inaction On Disqualification Of BJP MLA For 'Defection'

Jayanti Pahwa

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