The Supreme Court will on Monday (August 10) hear the petition of BJP MLA Madan Dilawar challenging the Rajasthan High Court's decision of August 6 in which the HC had refused to stay the Rajasthan Assembly Speaker's decision to approve the merger of 6 BSP MLAs in the state in Congress.
A three-judge bench headed by Justice Arun Mishra will hear the petition. In his plea, Dilawar has requested that the voting rights of these 6 BSP MLAs should not be allowed to vote in the upcoming session of Rajasthan Legislative Assembly scheduled to start on August 14.
On Saturday (August 8), 6 BSP MLAs had filed a petition in the SC, seeking the transfer of the pending case in the Rajasthan HC to the apex court.
It is to be noted that these six MLAs were elected to Rajasthan Assembly in 2019 on BSP ticket but they later merged with Congress taking the party’s strength to 107 in the 200-member Assembly.
The petition filed by the 6 BSP MLA said “the entire basis for the Writ Petition pending before the Hon’ble High Court is that there has been no merger between the BSP and the INC. It is submitted that as aforementioned, the Speaker of the Legislature, while acting under Paragraph 4(2) is not concerned with the happenings outside the legislature, so long as two- thirds of the legislature party has accepted the merger as contemplated. For that in the present fact situation, the entire Legislature Party of the BSP has merged with the Legislature Party of the INC, and therefore, the condition laid down in subparagraph (2) of Paragraph 4 is satisfied to not attract disqualification under Paragraph 2.”
“At the outset, it is respectfully submitted that on the very same point/issue on interpretation of Para 4 of the Tenth Schedule of the Constitution, similar matters are already pending consideration before this Hon’ble Court”, the petition added.
Meanwhile, Rajasthan Chief Minister Ashok Gehlot on Sunday (August 9) urged all the MLAs to "save the democracy". The political tussle in Rajasthan started few days ago after CM Gehlot's former dpeuty Sachin Pilot rebelled against the party with 18 of his loyalist MLAs. Pilot and these MLAs also defied the party whip to attend CLP meetings.