Rajasthan HC is hearing: SC refuses to pass interim order on BJP MLA’s plea

The apex court adjourned the case to August 17 after being told that the High Court is scheduled to hear the matter on Friday.

Plea in SC to debar persons on trial in serious offence cases from contesting elections

The court said it will consider the matter after two weeks. (File)

The Supreme Court on Thursday refused to pass any interim order on a plea by Rajasthan BJP legislator Madan Dilawar, who sought a stay on the Assembly Speaker’s decision to recognise the merger of six BSP MLAs with the Congress Legislature Party in the state. The apex court adjourned the case to August 17 after being told that the High Court is scheduled to hear the matter on Friday.

“We will not interfere in this matter at this stage. High Court is hearing,” a bench headed by Justice Arun Mishra said.

Senior Advocate Harish Salve, appearing for the petitioner, said, “Your Lordships will have to say something today. If they continue to act under the Speaker’s September 18, 2019 order, things may change.”

“Today they are acting as Congress MLAs. If there is no stay on the order, and they vote against the BSP whip they can argue that no disqualification will arise because the Speaker’s order is valid,” said Salve.

Senior Advocate S C Mishra, appearing for the BSP, said the party was “already presented with a fait accompli in the issue. There was a Rajya Sabha election and the MLAs voted as Congress MLAs against the BSP whip”.

Whether or not their membership is set aside will be subject to the High Court order, the bench said, adding, “If the order is set aside by the court, then everything will be null and void.

Opposing Salve’s contentions, Senior Advocate Kapil Sibal said the issue of an order of an alleged recognition of a merger is non justiciable and courts cannot interfere.

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