 "SUPREME COURT")
The Supreme Court Monday deferred the hearing on a plea by a BJP MLA seeking a stay on the Rajasthan Assembly Speaker's decision allowing the merger of six BSP MLAs with the Congress.
A bench comprising Justices Arun Mishra, B.R. Gavai and Krishna Murari deferred the hearing on the matter till August 24. The apex court was informed that the Rajasthan High Court, which is hearing the matter, is closed till Wednesday.
The bench took note of the submissions of advocate Sunil Fernandes that the High Court could not complete the order on Friday.
Earlier, the apex court had declined to pass any interim order on the plea of BJP MLA Madan Dilawar, stating that the High Court is already dealing with the matter. Dilawar had said that the six BSP MLAs have been allowed by the Speaker to merge with the ruling Congress party in Rajasthan. He had challenged the High Court order, which declined to stay the functioning of the six MLAs.
Senior advocate Harish Salve, representing Dilawar, had argued that the matter can go on before the High Court but the issue is what needed to be done in the meantime. Citing last year's September merger order of the Speaker, Salve contended that the BSP is saying that they have not merged, which leads to a curious situation, and urged the top court to stay this order of the Speaker.
Senior advocate S.C. Mishra, representing BSP, had contended before the top court that the MLAs had gone to the Speaker seeking merger with the Congress and the Speaker just passed the order, and these MLAs are not following the whip of BSP.
Salve had said his client filed a disqualification petition in March 2020, and that was dismissed by the Speaker on technical grounds in July. The petitioner contended that the Legislative Assembly Election in Rajasthan was held on 7 December 2018 in which MLAs were elected on the ticket issued by the Bahujan Samaj Party. "However, on an application having been submitted by Respondent No. 2 to 7 members of BSP namely Sandeep Yadav, (Tijara), Wajib Ali (Nagar), Deepchand Kheria A (Kisangarh Bas), Lakhan Meena (Karauli) and Rajendra Gudh (Udaipurwati) to the Respondent No.1 (Speaker) on 16.09.2019, the Respondent No. 1 passed the order dated 18.09.2019 declaring that Respondent 2 to 7 to be an integral part of the Indian National congress", said the plea filed by Dilawar.
--IANS
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