Ranjit Chautala, an independent MLA from Raniya who holds the portfolio of Energy and Jail Minister in the Naib Saini government, resigned from the Assembly membership here on Tuesday. He has forwarded his resignation to the assembly office through correspondence However, his resignation has not been accepted yet. Ranjit Chautala had joined BJP in Sirsa 24 March in Sirsa, shortly after this, within couple of hours, he got declared as saffron BJP’s candidate from Hisar Parliamentary Constituency. While regarding the same, Assembly Speaker Gyanchand Gupta said that the decision will be taken after going through the resignation forwarded to him. It is pertinent to mention that Ranjeet Singh who was sworn in as cabinet minister such on 12 March in Nayab Singh Saini led BJP’s new dispensation in the State and was allocated heavy portfolios namely Energy and Prison earlier.
Notably, it is yet not in public domain if Ranjit Singh, who has been an Independent MLA from Rania Assembly Constituency (A.C.) in Sirsa district, actually and indeed resigned as legislator before joining BJP or he did it afterwards or else if he has yet to take a call on his resignation as MLA from current House i.e. 14th Haryana Legislative Assembly whose five-years tenure is until 3 November 2024.
Quoting Paragraph 2(2) of Tenth Schedule to Constitution of India (commonly known as Anti Defection Law) and divulging more details in this regard, Hemant Kumar and expert and lawyer at Punjab and Haryana High court said that it provides that an elected member of a House who has been elected as such otherwise than as a candidate set up by any political party (i.e. an Independent) shall be disqualified for being a member of the House if he joins any political party after such election.
Thus, if an Independent MLA doesn’t resign before joining any political party, then he entails disqualification from the membership of the House under aforementioned Para 2(2) of Anti-Defection Law. For this, an appropriate petition can be filed before the Speaker of the House for his disqualification not only by any member of the current House (MLA) but even by any other common person too, asserts Hemant.
As far as continuance of Ranjit Chautala as Cabinet Minister after his resignation as MLA, if so, then if would continue as Minister thereafter, Hemant says it remains to be seen. Although under Article 164(4) of Constitution of India, a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minster, but the point is that since on 12 March, when Ranjit took Oath of Office & Secrecy as a Cabinet Minister, he was an MLA of the current House and now after his resignation as MLA, if so, whether he would continue uninterrupted for six months as Minister from such date of resignation or otherwise he would have to be administered fresh Oath, it remains a grey area.
It is noteworthy that even the incumbent Chief Minister of Haryana, Nayab Singh Saini, is not a MLA as on today although he is scheduled to contest election for MLA from Karnal Assembly seat scheduled for 25 May 2024, the seat which has been vacated by the resignation of Manohar Lal Khattar, erstwhile Chief Minister of Haryana.
When asked if Ranjit Chautala, who is now BJP candidate from Hisar P.C. can simultaneously continue as Cabinet Minister in Haryana Govt, Hemant cites the case of five incumbent Ministers in Bhagwant Mann led AAP dispensation in Punjab who have been declared party candidates for upcoming Lok Sabha elections viz. Kuldeep Singh Dhaliwal from Amritsar, Laljit Singh Bhullar from Khadoor Sahib, Gurmeet Singh Khudian from Bathinda, Gurmeet Singh Meet Hayer from Sangrur and Dr. Balbir Singh from Patiala.
All these five are still continuing as Ministers in Bhagwant Mann’s Cabinet notwithstanding announcement of their candidature for Lok Sabha polls.
