The Supreme Court on Wednesday ordered the Madhya Pradesh Assembly Speaker to decide a disqualification petition against Congress MLA Nirmala Sapre within two months, emphasising that proceedings under the Tenth Schedule of the Constitution cannot remain pending indefinitely.
A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the direction while considering a petition filed by Madhya Pradesh Leader of Opposition Umang Singhar, who challenged the delay in deciding his complaint against Sapre.
The Court also disagreed with the Madhya Pradesh High Court’s decision declining to require an early determination of the disqualification proceedings.
Supreme Court Questions Delay in Anti-Defection Proceedings
The bench emphasised that disqualification petitions under the anti-defection law require prompt adjudication, irrespective of whether the Assembly has considerable time remaining in its tenure.
The High Court had previously dismissed Singhar’s request for a time-bound decision, reasoning that the proceedings were already before the Speaker and that no immediate urgency existed.
It had also taken into account Sapre’s denial that she had resigned from the Congress or become a member of the Bharatiya Janata Party (BJP).
The Supreme Court, however, found the High Court’s approach unsatisfactory. It observed that the absence of immediate urgency or the remaining duration of an Assembly’s term cannot justify delays in deciding petitions under the Tenth Schedule.
Taking note of the prolonged pendency of the complaint, the bench directed the Speaker to conclude the proceedings within two months.
Disqualification Sought Over Alleged Shift to BJP
Singhar initiated the disqualification proceedings in July 2024, alleging that Sapre had voluntarily relinquished her membership of the Indian National Congress after winning the Bina Assembly constituency on the party’s ticket in the 2023 elections.
The petition claimed that her subsequent association with the BJP attracted disqualification under the Tenth Schedule.
Appearing for Singhar, senior advocate Vivek Tankha argued that Sapre had moved away from the party on whose ticket she was elected and had begun campaigning for the opposing political side.
Tankha criticised the failure to initiate proceedings despite the complaint, contending that such delays undermined the constitutional framework governing political defections.
Controversy Began During 2024 Lok Sabha Campaign
Sapre, a first-time legislator representing Bina in Madhya Pradesh’s Sagar district, became the subject of the controversy after she allegedly joined the BJP in May 2024 during the Lok Sabha election campaign.
Her alleged induction took place in the presence of Madhya Pradesh Chief Minister Mohan Yadav.
Sapre subsequently maintained that she had neither resigned from the Congress nor formally joined the BJP.
The Speaker must now decide the pending disqualification petition within the two-month period fixed by the Supreme Court.
