The Supreme Court has mandated that the Speaker of the Madhya Pradesh Assembly make a decision within two months regarding a petition that seeks the disqualification of Congress MLA Nirmala Sapre under the anti-defection law. This ruling comes after the petition has been pending for over two years, highlighting the court’s emphasis on the necessity for prompt resolutions concerning cases filed under the Tenth Schedule of the Constitution.

A bench consisting of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana expressed dissatisfaction with the Madhya Pradesh High Court’s previous refusal to expedite the decision on the disqualification petition against Sapre. The court’s insistence on a swift resolution underscores the importance of adhering to constitutional timelines in such matters.

Background of the Case

The petition was filed by Umang Singhar, the Leader of the Opposition in the Madhya Pradesh Assembly, in July 2024. Singhar’s petition alleges that Sapre voluntarily relinquished her membership in the Indian National Congress, the party under whose banner she was elected in the 2023 Assembly elections, and subsequently joined the Bharatiya Janata Party (BJP).

This claim, if proven, could lead to her disqualification as per the provisions of the anti-defection law. Senior advocate Vivek Tankha, representing Singhar, characterised the situation as a “classic case which spelt death knell of the Tenth Schedule of the Constitution.” He argued that Sapre had not only abandoned the Congress but was also actively campaigning with the opposing party, raising questions about her allegiance and the Speaker’s inaction on the matter.

The Supreme Court has taken note of the allegations surrounding Sapre’s purported voluntary departure from her party, which could trigger disqualification under the anti-defection law. The court observed that the petition had been unresolved for more than two years, calling for immediate attention to the matter.

High Court’s Previous Ruling

The Madhya Pradesh High Court had previously dismissed Singhar’s plea for a time-bound decision on the disqualification petition. The High Court concluded that there was no urgency in the case, citing ongoing proceedings before the Speaker. Additionally, it noted that Sapre had denied any claims of resigning from the Congress or joining the BJP.

In contrast to the High Court’s stance, the Supreme Court has reiterated that petitions filed under the Tenth Schedule should be resolved expeditiously, regardless of the perceived urgency or the remaining time in the Assembly’s term. This directive aims to uphold the constitutional integrity of the anti-defection law and ensure that such matters are not unduly delayed.

As a first-time MLA representing Bina in the Sagar district, Sapre won her seat on a Congress ticket in 2023. Allegations suggest that she joined the BJP in the presence of Chief Minister Mohan Yadav during the Lok Sabha election campaign in May 2024. However, Sapre has publicly maintained that she has neither resigned from the Congress nor formally joined the BJP, adding further complexity to the ongoing legal proceedings.

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