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2026 Supreme(Online)(MP) 36739
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, ACJ, Pradeep Mittal, J
Umang Singhar – Appellant
Versus
State of Madhya Pradesh – Respondent
WRIT PETITION No. 36057 of 2025|WRIT PETITION No. 38278 of 2025
Important Points
Subject
Constitutional Law - Anti-Defection Law
Act Referred
Madhya Pradesh Legislative Assembly Members (Disqualification on the Ground of Defection) Rules, 1986
Headnote
For the Appellants/Petitioners: Vibhor Khandelwal, Jayesh Gurnani, Warija Ghildyal
For the Respondents: Prashant Singh, Vivek Sharma, Sanjay Agrawal, Arpit Agrawal
| Table of Content |
|---|
| 1. initiation of disqualification proceedings under the tenth schedule of the constitution based on allegations of voluntary membership relinquishment. (Para 1 , 2 , 3) |
| 2. arguments regarding the reasonable timeframe for the speaker to decide disqualification petitions and the current status of the inquiry. (Para 4 , 5 , 6) |
| 3. judicial restraint in issuing writs to the speaker in the absence of proven urgency or documentary evidence of defection. (Para 7) |
Appearance:
Shri Vibhor Khandelwal- Advocate and Shri Jayesh Gurnani-Advocate
through video conferencing for the petitioner.
Shri Prashant Singh- Advocate General with Shri Vivek Sharma- Deputy
Advocate General for respondent/State.
Shri Sanjay Agrawal- Senior Advocate with Shri Arpit Agrawal- Advocate
for respondent no.4.
WITH
WRIT PETITION No. 38278 of 2025
PRADEEP RAI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Warija Ghildyal- Advocate for the petitioner.
Shri Prashant Singh- Advocate General with Shri Vivek Sharma- Deputy Advocate
General for respondent/State.
ORDER
Per: Vivek Rusia, Acting Chief Justice
Since there are common facts and grounds involved in these petitions, hence both of them are being heard and decided analogously through a common order. For the sake of convenience, the facts of W.P No.36057 of 2025 are being taken to decide the controversy involved herein.
2. The petitioner has filed a petition before the respondent no.2/Speaker of the Madhya Pradesh Legislative Assembly on 30.06.2024, seeking the disqualification of the respondent no.4 from the legislative assembly and by way of this writ petition, seeking direction for its early disposal.
3. The facts of the case, in short, are as under:-
(i) The respondent no.4 contested the election of Madhya Pradesh Legislative Assembly 2023 from Constituency no.35 Bina as an approved candidate of Indian National Congress (hereinafter referred to as INC in short) and was elected as a candidate from the said constituency. According to the petitioner, the respondent no.4 has violantarily given up her membership of the INC and have joined the Bhartiya Janta Party (hereinafter referred as BJP in short), which amounts to defection as provided under paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India; therefore, the respondent no.4 is liable to be declared as disqualified from continuing as a member of the Legislative Assembly in light of Article 191(2) of the Constitution of India.
4. Learned counsel for the petitioner submits that in view of the order dated 31.07.2025 passed in SLP (C) No. 2353-54 of 2025 ( Padi Kaushik Reddy Etc. Vs. The State of Telangana and Ors. Etc. ), the Speaker has to decide the application expeditiously as possible. Shri Khandelwal- Advocate further submits that the Apex Court in the case of Keisham Meghachandra Singh Vs. Speaker, Manipur Legislative Assembly (2021) 16 SCC 503 has held that three months' time is a reasonable time to decide such an application; therefore, the petitioner is seeking a simple direction to the respondent no.2 to decide the pending application as early as possible.
5. Shri Prashant Singh- Advocate General appearing for the respondent/State submits that the respondent nos. 1 and 2 have filed the status report. As per the report the petitioner submitted a petition on 30th June, 2024 under the Madhya Pradesh Legislative Assembly Members (Disqualification on the Ground of Defection) Rules, 1986, which was received in the Assembly Secretariat on 5th July, 2024. The respondent no.4 appeared and sought time to file a response and on 09.10.2024, she filed a reply refuting the allegations made against her about resignation from the INC or joining the BJP. Thereafter, the comments of State President of the BJP were sought. Thereafter, comments from the President of INC were also invited. On 10.02.2026, the petitioner, who is the leader of the opposition, also appeared before the Hon'ble Speaker and recorded his statement. As pe
