Major setback for Congress in MLA Nirmala Sapre case; Jabalpur High Court dismisses defection petition

Jabalpur: A major development has emerged regarding Madhya Pradesh politics. The Congress party, which was attempting to have the membership of Nirmala Sapre—the Congress MLA from the Bina constituency in Sagar district—revoked, has suffered a significant setback from the Madhya Pradesh High Court. The High Court has dismissed the petition filed by the Leader of the Opposition in the Legislative Assembly, Umang Singhar.

A division bench comprising Acting Chief Justice Vivek Rusia and Justice Pradeep Mittal clearly stated that there is no need for the Court to issue any order in this matter at present, as the Assembly Speaker is already conducting an inquiry into the issue in accordance with legal procedure.

Why did Congress approach the Court?

During the 2024 Lok Sabha elections, on May 5, 2024, Congress MLA Nirmala Sapre unexpectedly appeared on the stage with Chief Minister Dr. Mohan Yadav in Rahatgarh, Sagar. There, she announced her decision to join the BJP. Subsequently, on June 30, 2024, Leader of the Opposition Umang Singhar submitted an application to Assembly Speaker Narendra Singh Tomar, seeking the termination of Nirmala Sapre's membership under the Anti-Defection Law. The Congress alleged that the Speaker failed to take concrete action within the stipulated 90-day period, compelling them to approach the High Court for justice. The petition demanded that Nirmala Sapre's election be declared void immediately.

What is MLA Nirmala Sapre's statement?

During the High Court hearing, the response submitted on behalf of Bina MLA Nirmala Sapre took everyone by surprise. Dismissing the defection allegations as baseless, her counsel argued that while Nirmala Sapre had indeed resigned from the primary membership of the Congress party, she had not officially joined the BJP. He contended that she was being dragged into the proceedings before the Assembly Speaker and this petition without any valid grounds.

Why Did High Court Dismiss Congress's Petition?

A division bench of the Jabalpur High Court heard arguments from both parties as well as the government. Representing the government, Advocate General Prashant Singh informed the court that the Assembly Speaker is examining the application regarding the Leader of the Opposition in accordance with established legal procedure. Statements from the concerned parties involved in the matter have already been recorded.

The current Assembly still has a tenure of more than two years remaining. Under these circumstances, there are no extraordinary or exceptional conditions warranting a court order directing the Speaker to deliver a decision within a fixed timeframe. After hearing all parties, the High Court had reserved its verdict on June 18; the judgment has now been pronounced, and the Congress party's petition has been completely dismissed.

Following this order, the ball is now entirely in the Assembly Speaker's court. Until the Speaker completes the inquiry and reaches a final decision, the immediate threat hanging over Nirmala Sapre's Assembly membership has been averted. This legal battle is set to further heat up the political landscape of the Bundelkhand region in the coming days.