Justice Jyoti Saran reserved his order on the petition for tomorrow after hearing petitioner's counsel S B K Mangalam and the government advocate.
Mangalam told the court that there was no ground for applying the anti-defection law as Kushwaha had not violated the party whip though being suspended. Additional Advocate General Lalit Kishore appearing for the state told the court that it was a matter of the assembly and the court has no jurisdiction to interfere in it.
The speaker accepted their prayer and granted them an additional day time, Parliamentary Affairs Minister Shrawan Kumar told reporters.
The two were issued show cause on June 12 on the recommendations of JD(U) Chief Whip Shrawan Kumar for dismissal of their membership under anti-defection law.
Shukla, MLA from Lalganj who had unsuccessfully contested general election from Vaishali as independent, fell in line and said she has no grievance with the state government.