BSP may ask HC to decide MLAs’ fate in absence

Taking this silence as a battle half won, the BSP is planning to move the court with an appeal to decide the case in favour of the petitioner. ‘‘As no one appeared before the court with their replies, the case should now be decided ex-parte,’’ said the counsel of petitioner Swami Prasad Maurya, BSP Legislative Party leader.

Counsel S.C. Mishra told The Indian Express that they would study the case on Monday and by Tuesday file their application for an ex-parte decision. Maurya had filed a petition with the court on January 6, challenging the status of the party formed by the 40 MLAs after quitting BSP and extended support to the Mulayam government.

The case dates back to August 27, 2003 when, after Mayawati’s resignation as CM, 13 BSP MLAs accompanying SP leader Shivpal Singh Yadav, had approached the Governor with their request to invite Mulayam to form the government.

Other party leaders then asked the Assembly Speaker to disqualify these 13 MLAs. However, the writ filed by the party in this connection on September 4, 2003, remained pending with the Speaker. Meanwhile, 24 more BSP MLAs approached the Governor; the Speaker recognised the 37 as a separate party.

On September 8, three more BSP MLAs approached the Speaker and informed him that they along with three others had split from the party, therefore they should be considered as part of the new group. The Speaker accepted.