Supreme Court orders decision on Nirmala Sapre's MLA membership within 2 months

In the ongoing long-standing dispute regarding the membership of Nirmala Sapre, MLA from the Bina assembly seat of Madhya Pradesh, the Supreme Court has issued an important and strict directive. The apex court has clearly ordered the Madhya Pradesh Assembly Speaker to take a final decision within the next 2 months on the disqualification petition filed against Nirmala Sapre. This entire matter is related to the anti-defection law, and this petition had been pending in the assembly for more than 2 years.

A bench of the Supreme Court comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohanan heard the matter. The court emphasized that it is imperative to decide on disqualification petitions filed under the Tenth Schedule of the Constitution very quickly. The Supreme Court expressed disagreement with the earlier stance of the Madhya Pradesh High Court in this matter. The High Court had refused to direct the Assembly Speaker to take a decision within a specific timeframe, which the Supreme Court did not consider appropriate.

This disqualification petition against Nirmala Sapre was filed by the Leader of the Opposition in the Madhya Pradesh Assembly, Umang Singhar. The petition makes a serious allegation that Nirmala Sapre has voluntarily left the membership of the Congress party and has become actively involved in the political activities of the BJP. It is noteworthy that Nirmala Sapre was elected from the Bina seat of Sagar district on a Congress ticket in the 2023 assembly elections. According to the allegation, during the Lok Sabha election campaign in May 2024, she was seen on the BJP stage in the presence of Chief Minister Mohan Yadav and had also announced joining the BJP.

On the other hand, Nirmala Sapre has denied all these allegations. She has clarified that she has neither resigned from the Congress party nor has she officially accepted the membership of the BJP. Due to this dispute, Umang Singhar had earlier filed a petition in the Madhya Pradesh High Court seeking an order to the Assembly Speaker to take a decision within a timeframe. At that time, the High Court had observed that the proceedings were underway before the Assembly Speaker and there was no need for immediate intervention. The High Court had also taken note of Sapre's denial.

Disagreeing with this approach of the High Court, the Supreme Court said that even if there is no immediate urgency in a matter or there is still time left for the assembly's term to end, petitions under the Tenth Schedule should always be disposed of quickly. Senior advocate Vivek Tankha presented the case on behalf of the petitioner Umang Singhar. He argued that this matter is extremely important for the dignity of the Tenth Schedule of the Constitution. Tankha told the court that Sapre is campaigning with another political party after leaving Congress, yet no decision has been taken at the Assembly Speaker level.

Considering the arguments of all parties and the long pendency of the petition, the Supreme Court has ordered the Assembly Speaker to take a decision within 2 months. However, the Supreme Court itself has not given any final verdict regarding the disqualification of Nirmala Sapre. Now, the responsibility of taking a final decision in this matter will rest entirely with the Assembly Speaker.

Nirmala Sapre was an MLA representing the Bina assembly seat of Sagar district in Madhya Pradesh. She was victorious as a Congress candidate in the 2023 assembly elections. The anti-defection law, which is included in the Tenth Schedule of the Constitution, provides for the disqualification of elected representatives for changing parties, which aims to maintain political stability.