Six MLAs from Rajasthan, who were elected on a BSP ticket but had later merged their group with the Congress Legislature Party in the state Assembly, on Saturday moved the Supreme Court, urging it to take up the petition seeking their disqualification pending in the state High Court.
The petition, filed in the HC by BJP MLA Madan Dilawar, has “raised the same questions on which similar matters are already pending” in the SC, “relating to the interpretation of Paragraph 4 of the Tenth Schedule to the Constitution”, they pointed out.
The MLAs submitted that they were elected on a BSP ticket in the Rajasthan polls held on December 7, 2018. “Subsequently, all the six persons, being the entire Legislative Party of the BSP merged with the Legislature Party of the Indian National Congress, and the same came to be recognised by the Order of the Hon’ble Speaker…on 18.09.2019,” they stated.
Dilawar sought their disqualification under Paragraph 2 of the Tenth Schedule, but the petition was dismissed by the Assembly Speaker. Dilawar challenged this before the HC “primarily on the ground that there was no merger of the Bahujan Samaj Party with the Indian National Congress, and hence the exception under Paragraph 4 of the Tenth Schedule could not be attracted”. The MLAs have contended that disqualification under Tenth Schedule is attracted only in cases of defection while their case was of a merger.
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