A bench headed by Justice Altamas Kabir issued notice to the six MLAs on a petition by BSP state unit president Bhagwan Singh Baba, challenging the Rajasthan High Court's order which had upheld the Speaker's decision not to disqualify them.
Advocate Shail Dwivedi, appearing for Baba, argued that continuance of Rajendra Singh, Raj Kumar Sharma, Girraj Singh Malinga, Ramkesh Meena, Ramesh Chandra Meena and Murarilal Meena, as MLAs is "unlawful, undemocratic and illegal" as they are liable to be disqualified for violating the anti-defection law in the Tenth Schedule of the Constitution.
He said the six MLAs were elected to the Rajasthan Assembly in the December 2008 elections, on BSP tickets, but they had voluntarily given up the BSP membership and decided to join the Congress party with the Speaker approving their decision.
Pointing out that "no material was placed to prove that there was split in the BSP at the national level which is mandatory in the case of a recognised national party, Baba contended that the Speaker wrongly accepted that there was split in the party.
The Speaker, in his order on February 27, had dismissed Baba's plea for disqualifying the six MLAs.
Baba, in his petition has also sought the apex court's directions to restrain the six from exercising their rights as legislators and casting votes in the House.
The Rajasthan High Court, had dismissed the petitioner's plea against the Speaker's February 27 decision, saying that he was not aggrieved in any way by the decision against which he has now moved the Supreme Court.