Suspended Haryana Congress MLA Jarnail Singh has been issued a show-cause notice for violating the party whip and displaying posters with some of the ruling BJP legislators during the recently concluded Monsoon session of the state Assembly.
Rohtak MLA B B Batra, chief whip of the Congress Legislature Party, has issued a show-cause notice to Singh for allegedly disobeying the party's whip in the Monsoon session of the Assembly and flashing posters in the House.
He has been given 30 days from the date of receipt of the notice to file his reply.
Show-cause notice over conduct in Assembly
In the show-cause notice issued to Singh on September 13, it has been mentioned that very serious facts and material have come to the notice regarding the legislator's conduct and activities during the Monsoon session of Haryana Legislative Assembly, which was held from August 27 till September 1.
The notice mentions that Singh was elected on the Congress ticket.
"It is also a fact that you have previously been suspended by the Congress for anti-party activities. Despite this, your conduct during the said Assembly session, contrary to the authorised directives of the Congress Legislative Party and contrary to the stated position of the Congress Legislative Party, is prima facie serious and warrants consideration," Batra mentioned in the notice.
On August 27, Singh had flashed a poster in the Assembly demanding that those who consider the "murderers of Sikhs in 1984" as role models should apologise.
Singh, MLA from the Ratia reserved assembly segment, had later told reporters that his party MLA Induraj Narwal snatched the poster from his hand in the House and took it away.
Congress cites alleged violation of party whip
Earlier this year, the Congress in Haryana had suspended five of its MLAs including Singh from the party's primary membership for allegedly cross-voting during Rajya Sabha elections in March.
The notice issued to Singh says that an adjournment motion was moved in the House by the chief whip of the Congress Legislative Party and a three-line whip/ direction was duly issued to all five suspended party members to support the motion.
"...When the said adjournment motion came up for consideration in the House, other members of the Congress Legislature Party stood up and supported the motion. In contrast, despite being present in the House, you did not stand in support of the said motion, in accordance with the official directive issued by the CLP," the notice mentioned.
It further said that apart from this, during the proceedings of the Assembly, Singh "displayed/ waved a poster/ placard" inside the House.
"The matter becomes even more serious because, according to the available photo/ video material, you carried the said poster/ placard to the treasury benches and were seen shouting slogans against the Congress/ opposition along with members of the ruling party," the notice further mentions.
The notice said that all these circumstances are not to be considered as isolated incidents, but in the context of the MLA's overall conduct and activities including failure to support the adjournment motion, refusal to acknowledge receipt of the whip/ notice, displaying a poster and taking it to the treasury benches and raising slogans with them.
Notice raises disqualification question
"The above facts and available material prima facie raise a serious question whether it can be concluded from your conduct and activities that you have voluntarily given up your membership of the political party on whose ticket you were elected," the notice to the MLA further said.
In this regard, the provisions of paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India are worth considering, according to which an elected member of a House is disqualified from being a member if they have voluntarily given up their membership of the political party to which they belong, it reminded.
"It is also legally relevant that "voluntarily giving up" membership of a political party by a member is not limited to a written resignation; inferences in this regard can also be drawn from the member's conduct, circumstances and public and political activities," the show-cause notice to the MLA mentions.
On the basis of all the serious facts and allegations, the notice says, Jarnail Singh has been given "a final and clear opportunity to show cause in writing as to why proceedings/ petition for disqualification from membership of the Haryana Legislative Assembly should not be initiated against you".
"You are directed to submit your detailed, point-wise and written explanation supported by documentary evidence within 30 days from the date of receipt of the notice," it mentions.