Reported & Written By Kumud Sharma, Diary Times, Shimla, March 10: Himachal Pradesh government has filed a caveat in the Supreme Court in the case of six rebel Congress MLAs who were disqualified by Himachal Assembly Speaker Kuldeep Singh Pathania. Himachal Pradesh government has filed a caveat petition to hear the state government stand before issuing interim orders. A three-member division bench of Justice Sanjeev Khanna, Dipankar Dutta and Prashant Kumar Mishra can hear this case in court number two on Tuesday. A caveat petition gives a person the right to be heard before any judgment is made against the defendant. No court can give a decision or issue an order against a person without hearing his side.
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To exercise this right, a caveat petition is filed. It is being argued by the Himachal Pradesh government that the rebel MLAs have been disqualified by Assembly Speaker Kuldeep Singh Pathania on a solid basis and their membership has been cancelled. These MLAs did not attend the House despite issuing a whip at the time of passing of the Finance Bill. Now if this petition is heard on Tuesday, then both the sides will be heard. This case, listed in the case Congress MLA Chaitanya Sharma and others vs Himachal Pradesh Assembly Speaker and others, is at number 36 in the cause list of the Supreme Court.
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The case Congress MLA Chaitanya Sharma and others vs Himachal Pradesh Assembly Speaker and others has been registered as Writ Petition Civil No. 156/2024. The petitioners are disqualified Congress MLAs Chaitanya Sharma, Devinder Kumar Bhutto, Indradutt Lakhanpal, Rajinder Rana, Ravi Thakur and Sudhir Sharma. The defendants are Speaker Himachal Pradesh Assembly Kuldeep Singh Pathania, Minister Harshwardhan Chaouhan and others. After the petition was registered, a caveat petition was filed by the Himachal Pradesh government. The Himachal Pradesh government is requesting to be heard before giving any interim decision in this matter.
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