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

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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