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Matter still in Rajasthan HC, so SC refuses to interfere in Speaker’s decision on 6 BSP MLAs

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New Delhi: The Supreme Court today refused to interfere in the matter regarding Rajasthan Legislative Assembly Speaker CP Joshi’s order merging six BSP MLAs with the ruling Congress party in September 2019, because the case is pending before the Rajasthan High Court.

A three-judge bench of Justices Arun Mishra, B.R. Gavai and Krishna Murari refused to stay the Speaker’s order, while hearing a plea filed by BJP MLA Madan Dilawar challenging Speaker’s approval of the merger of Bahujan Samaj Party MLAs with Congress, and the Rajasthan High Court’s refusal to stay the same.

During the hearing, Senior Advocate Kapil Sibal, appearing on behalf of the Speaker, informed the Court that the matter is still pending before the Rajasthan High Court. Senior Advocate SC Mishra, appearing on behalf of BSP, asked the court for an interim order stating if such mergers are allowed democratic procedure will be affected.

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Justice Mishra questioned Sibal if the Speaker’s order will be used to transact any business in the House tomorrow, which was also the petitioner’s main concern. Sibal informed the Court that no agenda has been issued so far with respect to any business in the House, and the matter is still part-heard in the High Court. Sibal also took some time to call the Speaker’s office and informed the Court that the Business Advisory Committee will decide the agenda after 10 am tomorrow.

Justice Mishra was inclined to hear Senior Advocate Harish Salve’s submissions, but due to his absence a short passover was granted.

Senior Counsel Salve, representing Dilawar, stated that the matter before the High Court has been adjourned till tomorrow without any interim order, and the House will sit tomorrow as well. He also requested the Court to list the matter on Monday.

The Court refused to interfere at this stage and stated that Supreme Court cannot get into the merits now. The Court also agreed to Salve’s request and listed the matter on Monday.

Read Also: Rajasthan HC upholds govt rule change on vacancies for women

Recently, the six MLAs who’d approached the apex court seeking transfer of the petition challenging their merger with Congress from Rajasthan High Court to Supreme Court, had decided to withdraw their transfer petition.

– India Legal Bureau

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