SC reserves verdict on 145;split146; in parties

The HC had quashed the decision of the then speaker Kesarinath Tripathi recognising the breakaway BSP MLAs as a separate group in the Assembly.

Today, Chief Justice K G Balakrishnan, heading the Bench, directed all the contesting parties to file their written submissions by Friday. The Bench comprised Justices H K Sema, A R Lakshmanan, P K Balasubramaniyum and D K Jain.

It was on August 23, last year, that the Bench, consisting of Justice Balakrishnan, now the CJI, Justice P P Naelokar and Justice Jain, referred this matter of 8220;split8221; in the BSP legislature party in UP, in December 2003, to the five-judge Constitutional Bench to decide the question of law pertaining to the 8220;split8221;.

The decision was taken after senior advocate Harish Salve argued, appearing for the split group of MLAs who had joined Chief Minister Mulayam Singh Yadav8217;s party, that there was no comprehensive decision by the apex court on the issue of split.

Whether the split should be recognised as one-time event or a continuing process and whether the Speaker should take immediate note of a group splitting or should he wait for the process in a party to complete in the face of developing event, these questions were very important, but not have been appropriately decided by the apex court in earlier cases, the counsel submitted.

In the present case, where 37 breakaway BSP MLAs had formed a separate political party 8212; Loktantrik Bahujan Samaj Dal 8212; and later merged with the ruling SP and following which, then speaker recognised them as a separate group.

The HC, in its verdict of 2:1, had quashed this decision recognising them as a separate group in the Assembly and referred the matter back to the Speaker. It was held that the Speaker had acted hastily and in violation of principles of natural justice, while giving recognition to the breakaway group in the Assembly. The minority verdict had dismissed BSP8217;s petition seeking disqualification of 13 of its deserting MLAs and upheld the order to recognise the breakaway group.

After the verdict, however, five of the MLA switched their loyalty back to BSP and Speaker Mata Prasad Pandey disqualified them. These disqualified MLAs had also approached the apex court. Later, when the petition was pending before the court, the apex court had stayed the HC verdict and said the breakaway BSP MLAs would continue as a separate group .

The court had taken on record the submission of five MLAs who, after the HC judgment, filed affidavits before Speaker Mata Prasad Pandey owing allegiance to the BSP.