Plea Against the Merger of 6 BSP MLAs in Congress Dismissed by Rajasthan HC

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The move comes amidst the ongoing political crisis in the state, with Pilot and 18 MLA in total who are up in arms against the Whips move. The update brings a welcome relief to Rajasthan Chief Minister Ashok Gehlot and the Congress party.

Facts of the Case 

Earlier, both the BJP and the Bahujan Samaj Party (BSP) had approached the Rajasthan HC in connection with the matter. It may be noted that two petitions were earlier filed against the merger of six BSP MLAs with Congress last year.

The second plea in the case was also filed by Kota BJP MLA Madan Dilawar a day after the first plea was rejected by Rajasthan High Court. Dilawar had filed the earlier plea as well.

Arguments before the Court 

However, the Rajasthan High Court had dismissed his plea after the legislator’s counsel Harish Salve told the court that his client was informed by the Speaker’s secretariat that an order dismissing his client’s complaint has been passed.

“A communication has been received from speaker’s secretariat today which says an order has been passed by the speaker and as such the writ petition has become infructuous and we need to file a fresh petition challenging that order,” Salve had told the court.

Dilawar had moved the Speaker’s office in March earlier this year, challenging the induction of all six BSP MLAs to Congress.

Court Observations

BSP candidates namely that defected to congress after winning the seat on BSP ticket were:

  • Sandeep Yadav
  • Wajib Ali
  • Deepchand Kheria
  • Lakhan Meena
  • Jogendra Awana
  • Rajendra Gudha 

The six of them had contested the 2018 assembly elections successfully on their party tickets. but after securing their seats they all had defected to the Congress in September 2019.

They applied for the merger of their six-member group with the Congress on September 16, 2019. Subsequently, the Speaker allowed the merger in two days on September 18.

It may be noted that the merger of BSP MLAs to the ruling Congress was a boost to the Ashok Gehlot-led government as it helped increase the party’s tally of legislators.

Decision

A Division Bench of the Rajasthan High Court on Thursday disposed of a petition filed in the case regarding the merger of six BSP MLAs with Congress. The development brings relief to Rajasthan Chief Minister Ashok Gehlot and the Congress party amid the ongoing political crisis in the state.

The Division Bench has asked a Single Bench to adjudicate the matter on August 11 when the next hearing of the case will be held.


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