New Delhi, Nov 4 The Supreme Court on Wednesday directed the Madhya Pradesh Assembly Speaker to decide within two months a disqualification plea against rebel Congress MLA Nirmala Sapre under the anti-defection law that has been pending for over two years, stressing that petitions filed under the Tenth Schedule should be adjudicated expeditiously.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also expressed displeasure over the High Court's refusal to expeditiously decide the petition against Sapre.
The petition, filed in July 2024 by Leader of Opposition in Madhya Pradesh Assembly Umang Singhar, alleges that Sapre voluntarily gave up her membership of the Indian National Congress, the party on whose ticket she was elected in the 2023 Assembly polls, and joined the BJP.
Senior advocate Vivek Tankha, appearing for the petitioner, described the matter as a "classic case which spelt death knell of the Tenth Schedule of the Constitution" and stated that Sapre had left the party and was campaigning with the opposite side, yet the Speaker had not commenced proceedings.
The bench noted the allegations of voluntary relinquishment of party membership triggering disqualification under the Tenth Schedule and observed that the petition had remained undecided for over two years.
It said the High Court had earlier dismissed Singhar's plea seeking a time-bound decision, holding that there was no urgency as proceedings were underway before the Speaker and Sapre had denied resigning from Congress or joining the BJP.
Disagreeing with the High Court's approach, the top court said that even where a court finds no immediate urgency or where considerable time remains until the Assembly's term expires, petitions filed under the Tenth Schedule must be decided expeditiously.
The bench directed the Speaker to decide the disqualification petition pending before him against Sapre within two months.
Sapre is a first-time MLA from Bina in Sagar district and had won the seat on a Congress ticket in 2023.
In May 2024, during the Lok Sabha election campaign, she allegedly joined the BJP in the presence of Chief Minister Mohan Yadav. However, Sapre later said she neither resigned from the Congress nor formally joined the BJP.
