Friday, March 24, 2023

Rajasthan High Court: No interim stay on declaration of Rajya Sabha results

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An application seeking an interim stay on declaration of Rajya Sabha election results till the matter  on disqualification of the six Rajasthan MLA is clear was dismissed by the vacation bench of Rajasthan High Court today.

The matter was pertaining to the disqualification of the six Rajasthan MLAs who were elected as Members of Bahujan Samaj  Party but were later considered as Members of the Indian National Congress.

It is important to note that the Rajya Sabha election is scheduled to take place tomorrow.

The order of the speaker was challenged by the Bahujan Samaj Party along with Bhartiya Janta Party MLA but their petitions were disposed of by the Single Judge on 24.08.2020.

The petitioner approached the Apex Court to challenge the single Judge’s order but no interim order has been passed by the Apex Court.

Justice Pankaj Bhandari and Justice Uma Shankar Vyas, who dismissed the application said that in the present PIL filed by the petitioner even notices have not been issued to the other side. It is also evident that during the pendency of the p resent PIL, elections to the Rajya Sabha were held and Members were elected to the Rajya Sabha. Petitioner at that time also did not press for any interim relief. Hence, we are not inclined to entertain the present application for interim relief as the election process has already been commenced and election is scheduled to take place tomorrow.”

The single bench of Rajasthan High Court on 24.08.2020 had set aside the order of the Speaker which rejected the petition submitted by BJP MLA seeking disqualification of the 6 BSP MLAs who had merged with the Congress in 2019.
The bench Justice Mahendar Kumar Goyal had rejected the order by Dr CP Joshi, for rejecting on technical grounds.

The Speaker had cited Rule 6(7) of the 6 of the Rajasthan Assembly Members (Disqualification on the Grounds of Defection) Rules of 1989.

The court however held that the if any bring to the speakers notice on factum of disqualification incurred by any Member of the House , it becomes the constitutional responsibility of  the to take a decision on complaint.

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