SC declines stay on merger of six BSP MLAs with Congress in Rajasthan
A three-judge bench of the Supreme Courtaid that the issue regarding the validity of the Speaker’s decision to uphold the merger of the BSP MLAs with the Congress is pending in the Rajasthan high court and declined to grant interim relief to petitioner BJP MLA Madan Dilawar
The Supreme Court, on Thursday, declined to stay a September 2019 decision by Rajasthan assembly Speaker, CP Joshi allowing merger of six MLAs elected on Bahujan Samaj Party (BSP) ticket with the Congress party.
A three-judge bench headed by justice Arun Mishra said that the issue regarding the validity of the Speaker’s decision is pending before a single-judge bench of Rajasthan high court and declined to grant interim relief to petitioner BJP MLA Madan Dilawar who sought disqualification of the six BSP MLAs for defection.
“We are not inclined to grant any interim relief,” the bench which also comprised justices BR Gavai and Krishna Murari said.
The top court adjourned the case for Monday after senior counsel Kapil Sibal, appearing for the Speaker said that the agenda for the Rajasthan assembly will be decided at 10 am on Friday and also submitted that the opposition is free to move a no confidence motion.
“They have not moved a no-confidence motion. They can do that anytime,” he said.
Senior counsel Harish Salve, appearing for Dilawar, asked for a stay on the Speaker’s decision stating that if a no confidence emotion ensues, then BSP and Congress party will issue whips and there will be uncertainty on whose whip will hold good with respect to the six MLAs.
“If the Speaker’s decision is later struck down by high court, then the six MLAs, in order to escape disqualification, can claim that the Speaker’s decision was in force at the time when they voted (against the BSP party whip),” Salve said.
“Court cannot pass orders based on what may or may not happen in the house,” Sibal responded.
Madan Dilawar had moved the Rajasthan high court on July 28 seeking disqualification of the six former BSP MLAS on the ground of defection under 10th Schedule of the Constitution.
The six MLAs, Lakhan Singh, Rajender Singh Guda, Deepchand, Joginder Singh Avana, Sandeep Kumar and Wajib Ali were elected to the Rajasthan assembly in December 2018 on BSP ticket. They later submitted a joint application to the Speaker intimating him of their unanimous decision to merge with the Congress party on September 16, 2019. The request was approved by the Speaker on September 18, 2019.
This was challenged by Dilawar who filed a plea before Speaker in March 2020 for disqualification of the six MLAs on the ground of defection.
The 10th Schedule of the Constitution of India contains provisions relating to disqualification of lawmakers for defection. One of the grounds for disqualification as per paragraph 2 of the 10th Schedule is voluntarily giving up membership of the political party on whose ticket the lawmaker was elected.
The Speaker rejected Dilawar’s plea on July 22 after which he approached the high court challenging the decision. A single-judge bench of the high court issued notice to the Speaker on July 30 but declined to stay the decision. A division bench of the high court also declined to grant stay instead requesting the single judge bench to hear and dispose of the matter within one day.
Dilawar then approached Supreme Court seeking a stay on the Speaker’s order.
“When the Rajasthan high court is hearing the matter, how can we pass an order,” justice Mishra asked Salve.
The hearing of the case will continue before the Rajasthan high court on Friday.
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