BJP MLA Moves Rajasthan HC Challenging Speaker's Decision Permitting Merger Of Six BSP MLAs With Congress [Read Petition]

He has submitted that since the six MLAs "voluntarily gave up their membership" of the BSP, on whose ticket they were elected, and also because they have now joined the Congress party in violation of the law, they are liable to be disqualified under 10^th Schedule of the Constitution.

On Monday, the High Court had dismissed Dilawar's petition challenging the Speaker's "inaction" on his complaint. However, the same came to be dismissed as "infructuous" as the Speaker rejected the complaint during pendency of that petition.

Dilawar has now moved the High Court challenging the legality of the order of rejection and has sought a direction for disqualifying the six MLAs.

He has submitted that the Speaker sat over his application for 4 months and ultimately rejected the same by way of a non-reasoned order.

"It is trite law that the Quasi-Judicial authority must pass reasoned orders so that the reviewing authority must be in a position to adjudge the application of mind," he argued.

It is contended that the six MLAs represented a national party and therefore any "merger" under Paragraph 4 has to be a merger at the national level.

"Even 100% MLAs have no right to merge their original party with another political party, the Indian National Congress in the present case, unless the original political party has merged into the Indian National Congress," the plea states.

However, it is argued, the Speaker allowed their applications for merger without even issuing notice to the BSP, thus violating the principles of natural justice. Further, he did not hold any proper enquiry to find out whether any actual merger between the parties had taken place, in violation of the dictum of the Supreme Court in Rajendra Singh Rana & Ors. v. Swami Prasad Maurya & Ors., (2007) 4 SCC 270.

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