Six BSP MLAs in Rajasthan had joined the ruling Congress in September 2019.
The Supreme Court on Monday disposed of as infructuous a plea seeking a stay on six Bahujan Samaj Party MLAs merger with the Congress. The petition was filed by BJP MLA Madan Dilawar seeking a stay on Rajasthan Speaker CP Joshi’s decision. Joshi had allowed six BSP MLAs to merge with the ruling Congress.
Kapil Sibal, appearing for the Speaker, told a bench headed by Justice Arun Mishra that earlier in the day that the Rajasthan High Court had passed an order on the plea filed by Madan.
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Sibal said that the High Court has asked the Speaker to decide on merit within three months, the plea against the merger of six BSP MLAs with the ruling Congress.
The bench also comprising Justices Vineet Saran and MR Shah said the plea before it was against an interim order of the High Court, and has now become infructuous.
Madan had said that the six BSP MLAs have been wrongly allowed by the Speaker to merge with the ruling Congress party. He approached the top court against the High Court order which had refused to stay the functioning of these six MLAs as Congress legislators.
Harish Salve, appearing for Dilawar, had said that the matter can go on before the high court but the issue is what is to be done in the meantime. He said that there is a curious situation as the BSP is saying that they have not merged and urged the apex court to stay the Speaker’s order of September last year.
Advocate SC Mishra, who was appearing for the BSP, had said the six MLAs had gone to the Speaker saying they wanted to merge and the order for the merger was passed straight away. He argued that BSP is a national party and split, if any, has to be at the national level.
Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Gudha had won the 2018 Assembly election on a BSP ticket but defected to Congress in September 2019. They had submitted an application for the merger on September 16 last year and the Speaker allowed their merger into the Congress two days later. The merger was a boost to the Ashok Gehlot government as the tally of the Congress increased to 107 in the house of 200.