MLA candidacy not fundamental right so no direct appeal : Supreme Court

MLA-candidacy-not-fundament-right-so-no-direct-appeal -Supreme-Court

MLA candidacy not fundamental right so no direct appeal – In the case, Chaitanya Sharma and ors vs Speaker Himachal Pradesh Legislative Assembly and ors, a petition was filed before the Top Court by six Congress legislators from Himachal Pradesh who were disqualified by the speaker of the assembly.

Speaker disqualified the MLAs for having remained absent from the House despite the issuance of a whip by the party.The speaker had opined that in voting on critical matters like budget, elected MLAs of a party cannot be permitted to hide behind procedural technicalities such as proof of service of the whip. Thus, the speaker had ruled that the six MLAs incurred disqualification under the Tenth Schedule of the Indian Constitution.

The Supreme Court said that a petition can be filed directly before the Supreme Court under Article 32 of the Constitution only when there is a violation of any of the fundamental rights enumerated in Part III of the Constitution.

The Supreme Court asked at the outset why the petitioners had notmoved the High Court first and what fundamental rights’ violation was involved in the matter. They were elected as per the provisions of the Constitution but that is not a fundamental right.

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