New Delhi, Mar 03: The Supreme Court today fixed Monday for hearing the petitions filed by the MLAs of BSP breakaway group challenging the Allahabad High Court order quashing the state assembly speaker`s decision recognizing their merger with Samajwadi Party.
Senior counsel Mukul Rohatgi mentioned the matter before the bench headed by chief Justice Y K Sabharwal and urged the court to take it up at the earliest.
However, the bench said it will be taken up on Monday. As many as 38 MLAs of BSP breakaway group have filed four petitions in the court challenging the Allahabad High Court verdict quashing their merger with the Samajwadi Party.
The four petitions have sought setting aside of the three-judge bench judgement of the high court.
The high court had, by a 2:1 majority, quashed the assembly Speaker Kesri Nath Tipathi`s decision to recognize the breakaway group of 40 BSP MLAs.
Subsequently the rebel MLAs, who had formed a separate party, had merged with the ruling Samajwadi Party.
The high court has remanded the matter to speaker with a direction to decide issues pertaining to the split in the BSP Legislature Party, formation of a new outfit, granting it
recognition and their disqualification in light of the order.
The majority view had held that the speaker had acted hastily and in violation of principles of natural justice while giving recognition to the breakaway group in the
assembly.
The minority verdict had dismissed BSP`s petition seeking disqualification of 13 of its deserting MLAs and upheld Tripathi`s order to recognise the breakaway group.
Bureau Report
