The Supreme Court today refused to interfere with the Lucknow bench of Allahabad High Court's order quashing Uttar Pradesh governor's decision disqualifying Bahujan Samaj Party (BSP) MLA Uma Shankar Singh's membership.
A vacation bench of justices R K Agrawal and Amitava Roy dismissed Uttar Pradesh (UP) Lokayukta's petition challenging the Allahabad High Court May 28 judgement and seeking stay on its operation.
"Lokayukta has no locus standi to come here. The Election Commission of India (ECI) can appraoch us. Sorry we cannot interfere. Let the ECI come with their suit," the court said.
The court's oral observation came on UP Lokayukta's plea, saying the Allahabad High Court has "erred, both on law and facts, in drawing adverse inference against it".
Singh was disqualified by the UP Governor from the state assembly after a probe indicted him, saying he was involved in government contract even after becoming member of the House.
He was charged with taking government contracts even after being elected MLA from the Rasra seat of Ballia.
However, the Allahabad High Court had passed the order of reinstating the membership of BSP MLA Singh and had rejected the argument of scrapping his membership.
The membership of BSP MLA Singh was scrapped on January 15 on the orders of UP Governor.
The probe in the case was done by UP Lokayukta, who after finding the facts true, had sent the report to the UP Chief Minister, recommending to forward it to the Governor for necessary action.
Complaint against Singh was filed by a resident of Ballia and a Chief Engineer of Public Works Department (PWD).
Interestingly,Lokayukta did not recommend disqualification as it did not come under his jurisdiction but informed the Governor that BSP MLA, had taken government contract and as per the rules, he could not continue as member of the House so he (governor) after taking opinion of the ECI, should take appropriate action.
Later after seeking ECI opinion, Governor disqualified Singh from Membership of the Lower House.
Along with Uma Shanker Singh, Bharatiya Janata Party(BJP) MLA Bajarang Bahadur Singh was also disqualified from Pharenda seat of Maharajganj district. But recently by-polls were held at Pharenda and SP won the seat.
