Assembly membership of former Kalka MLA Pardeep Chaudhary restored

Pradeep Sharma

Tribune News Service

Chandigarh, May 20

Over four months after the Vidhan Sabha membership of former Congress MLA from Kalka Pardeep Chaudhary was revoked by the Haryana Speaker following his conviction by a Nalagarh court, the membership was restored on Thursday following advice by the state’s Advocate General (AG).

“The membership of Chaudhary has been restored today following legal advice from AG on the petition filed by the former legislator. A notification to his effect will be issued today and Election Commission will be informed accordingly,” Speaker Gian Chand Gupta said here.

Gupta, however, clarified that the membership would be restored with effect from April 19, the date on which Himachal Pradesh High Court stayed the conviction and not January 14, the date his membership was revoked.

Chaudhary had moved a representation before the Speaker following a stay on his conviction by the Himachal High Court on April 19. The Speaker, subsequently, sought legal advice from the AG.

The Speaker had revoked Chaudhary’s Assembly membership under Representation of People’s Act following his conviction by a Nalagarh court for a period of three years on January 14 this year. His seat was declared as vacant, leading to speculations that the bypoll to the Kalka Assembly segment would be held along with that of Ellenabad.

The AG’s opinion is reportedly based on a Supreme Court judgement in a similar case. Already there are at least two precedents in Gujarat and Madhya Pradesh when the membership of the former legislators was restored in 2019 under “similar circumstances”.

With Chaudhary’s membership being restored, the strength of the main Opposition Congress has gone up to 31 again in the 90-member house where one seat (Ellenabad) is vacant. The ruling BJP has 40 MLAs, followed by its alliance partner JJP (10), Haryana Lokhit Party (1) and Independents (7).

Timeline

*January 14, 2021: Pardeep Chaudhary convicted by Nalagarh court; loses Vidhan Sabha membership.

*April 19: Himachal HC stays Chaudhary’s conviction.

*April 26: Chaudhary petitions Speaker seeking revocation bod his disqualification from Assembly.

*May 20: Speaker restores MLA’s membership