The Supreme Court dismissed 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) as infructuous on the grounds that the Rajasthan HC had given a decision.
Senior Advocate Kapil Sibal, appearing on behalf of Rajasthan Speaker Dr. CP Joshi, apprised the Bench comprising of Justices Arun Mishra, BR Gavai and Krishna Murari that the Rajasthan High Court had rendered its decision in the matter
As per the order of the Rajasthan HC, time has been granted to the Speaker of the Rajasthan Assembly to decide on the merits of the disqualification petition filed against the BSP MLAs within the stipulated time.
Senior Advocates SC Misra and Satya Pal Jain, appearing for BSP and BJP MLA Madan Dilawar respectively, sought for more time to peruse the judgement of the High Court.
However, the Bench dismissed the plea as infructuous.
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 SLP filed by Advocate-on-Record Sunil Fernandes on behalf of BJP MLA Madan Dilawar, challenged the 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 This plea was later withdrawn.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 a previous hearing, Advocate Amit Pai had withdrawn the transfer petition.