The Supreme Court on Monday adjourned the case pertaining to the plea challenging Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision approving the merger of six Bahujan Samaj Party (BSP) MLAs with Indian National Congress (INC) to August 24.
Senior Advocate Satya Pal appearing for the Petitioner BJP MLA Madan Dilawar urged a bench of Justices Arun Mishra, BR Gavai & Krishna Murari to take up the case by next week.
Senior Advocate Sunil Fernandes appearing for the Speaker stated that the the dictation of order by the Rajasthan HC had begun on Friday but it could not be completed due to paucity of time. Fernandes said that the HC had indicated that matter will be disposed of one way or the other.
Senior Advocate SC Misra for BSP also urges the Court to take up the matter on 24th.
The Top Court will consider the case on August 24.
On August 13, the Court had stated that that any transactions on the floor of the house during the assembly session scheduled for the next day will be subject to the orders of the Court, thereby refusing to stay the Speaker's decision of approving merger of BSP MLAs of Rajasthan assembly with Congress.
The Court was hearing the special leave petition filed by BJP MLA Madan Dilawar, challenging Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision, approving the merger of six Bahujan Samaj Party (BSP) MLAs with Indian National Congress (INC).
In September 2019, the Rajasthan Assembly Speaker, Dr. CP Joshi, had allowed merger of six BSP MLAs with Congress. These six MLAs had been elected to the Rajasthan Legislative Assembly in December 2018 on the ticket issued by BSP. An Application was submitted by them to the Speaker in September 2019, who allowed for the merger.
Challenging the Speaker's decision, Dilawar had moved the Rajasthan High Court in March 2020 under the Tenth Schedule of the Constitution of India, seeking for a stay of the same in order to restrict the six MLAs from attending proceedings in the House while was the matter was pending in Court. This plea was later withdrawn. After that the Speaker passed an order on 28th July dismissing Dilawar's petition to disqualify the BSP MLAs. This was further challenged by Dilawar before the Division Bench of the Rajasthan High Court.
Both the single bench and the division bench of the Rajasthan HC refused to order interim stay of the Speaker's decision.
In the meanwhile, a Transfer Petition was filed by the six MLAs, seeking a transfer to the Supreme Court, the petition filed in Rajasthan HC challenging the Speaker's order approving the merger with Congress. During the previous hearing, Advocate Amit Pai withdrew the transfer petition.