SC Gives MP Speaker 2 Months To Decide Defection Plea

New Delhi: The Supreme Court on Wednesday directed the Madhya Pradesh Assembly Speaker to decide within two months a disqualification petition against Congress MLA Nirmala Sapre under the anti-defection law, observing that such proceedings must be disposed of expeditiously.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana also expressed displeasure over the Madhya Pradesh High Court's refusal to ensure an early decision on the petition, which has remained pending for more than two years.

The petition was filed in July 2024 by Leader of the Opposition Umang Singhar, alleging that Sapre had voluntarily given up her membership of the Congress, on whose ticket she was elected in 2023, and joined the BJP.

Senior advocate Vivek Tankha, appearing for Singhar, told the court that Sapre had been campaigning with the BJP despite being elected on a Congress ticket, but the Speaker had not decided the disqualification petition.

The bench observed that allegations of voluntarily relinquishing party membership attracted the provisions of the Tenth Schedule of the Constitution, which deals with disqualification on grounds of defection.

The High Court had earlier declined to issue a time-bound direction, observing that proceedings were pending before the Speaker and that Sapre had denied leaving the Congress or joining the BJP.

Disagreeing with this approach, the Supreme Court said petitions under the Tenth Schedule must be decided expeditiously, irrespective of the time remaining in the Assembly's tenure.

Sapre, a first-time MLA from Bina in Sagar district, allegedly joined the BJP during the 2024 Lok Sabha election campaign in the presence of Chief Minister Mohan Yadav.

She has maintained that she neither resigned from the Congress nor formally joined the BJP.