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Rajasthan BSP MLA Merging with Congress Propose Transfer of Statement of Disqualification from HC to SC | India News


NEW DELHI: Six MLAs, who were elected to the Rajasthan assembly on a BSP ballot but later merged with Congress, have urged the Supreme Court to transfer to itself the pending petition in high court for disqualification for violating the whip of the party.
They have argued that similar petitions, raising questions of disqualification under the 10th Schedule of the Constitution, are pending before the Supreme Court and therefore the guilty plea brought against them in the Rajasthan High Court should be transferred to the High Court.
They said that the higher court cannot exercise the power of judicial review in “purely political questions”, but can examine questions if they emanate from a constitutional duty or obligation.
The Bahujan Samaj Party ALMs said in their statement that it would be in the interests of justice for the matter to be transferred to the higher court and heard alongside similar petitions filed there.
Two petitions have been filed in the Rajasthan High Court, one by BJP MLA Madan Dilawar and the other by BSP National Secretary Satish Mishra.
Dilawar has challenged the merger of the BSP MLA in Congress, questioning the order of the Speaker of the Assembly, CP Joshi, that he dismisses his complaint without allowing him to express his opinion.
Mishra has challenged the defection of the MLA, but they have not requested the transfer of this ground to the Supreme Court.
The MLA told the higher court that Dilawar, aggrieved by the Spokesman’s decision, has filed a judicial petition with the higher court on the grounds that there was no merger of the BSP with Congress and thus the exception under the Tenth Program could not be attracted.
Dilawar and other respondents have raised questions similar to those already pending before the Supreme Court, BSP lawmakers said in their petition to the high court.
“It is also important to note that there is an urgent need to clarify the law with respect to the scope and purpose of the fourth paragraph of the Tenth Annex, to ensure that there are no contradictory judgments that involve substantial questions of interpretation of the Constitution, for an interpretation of this Cut, ”the statement read.
He said the Tenth Schedule is applicable only to members of the legislature, and only for the purpose of disqualifying such members in the event of defection, unless they are exempt.
They said that under the Tenth Program scheme, only in the event that the merger occurs, which is the merger of two thirds of “the legislative party” with “another political party”, the “original political party” has merged with another. political party, immunizes said members of the Chamber from disqualification.
“It is argued that in the present factual situation, the entire legislative party of the BSP has merged with the legislative party of the INC, and therefore, the condition established in … paragraph 4 (of the Tenth Annex) of not attract disqualification, ”he added.
On July 30, the high court had requested a response from the president of the assembly and his secretary on the petitions challenging the incorporation of the BSP MLA into Congress.
Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Gudha contested and won the 2018 assembly elections with a BSP candidacy, but defected to Congress in September 2019.
They filed a request for the merger on September 16, 2019, and the President allowed their induction into Congress two days later. The merger was a boost for the Ashok Gehlot-led government, as the Congressional bill rose to 107 in the house of 200.
In the midst of a political crisis triggered by a rebellion by Sachin Pilot and 18 other MLAs, the president had moved the high court to suspend the high court order asking him to postpone disqualification proceedings against the fired chief deputy minister and the other 18 .
On July 31, Rajasthan Congress whip chief Mahesh Joshi also moved to the high court challenging the high court order requesting the president to postpone disqualification proceedings.
Clock Rajasthan political crisis: 6 BSP MLA move SC seeking transfer of statement against its merger with Congress

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