SC Refuses to Stay BSP-Congress Merger

Must Read

Federal Court Denied Involvement of US Department of Justice in Trump’s Defamation Lawsuit

Background  The Plaintiff, E .Jean Carroll, published a book where she wrote that a businessman, Donald J Trump had raped...

SC Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Lawsuit Filed Against Uber for Discriminatory “Star Rating System”

The lawsuit was bought in the District Court of North California against Uber. The plaintiff claims class-action status on...

Bombay High Court To Hear Plea Seeking Removal of Chairperson of National Commission for Women

A Writ Petition had been filed in the Bombay High Court challenging the conduct of the Chairperson of the...

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Follow us

The Supreme Court decided on the petition filed by BJP MLA praying for a stay on the BSP-Congress merger. The bench was headed by J. Arun Mishra and refused to grant a stay order.

Brief facts of the Case

This matter arises from a Special Leave Petition filed by Madan Dilawar who is a Bharatiya Janta Party MLA. He was challenging the order of the High Court of Rajasthan that refused to stay the merger. He had moved against the decision of the Speaker of Rajasthan that approved the merger.

The merger refers to the one between six MLAs of Bahujan Samaj Party and the Indian National Congress that was approved by the Speaker in September 2019. These MLAs had been elected under a ticket that was issued by the BSP. The petitioner challenged the Speaker’s decision in March 2020 under the 10th Schedule, but, this was withdrawn. Following this, in July an order was passed by the Speaker that dismissed the petitioner’s petition and he moved to the High Court to challenge the same.

Arguments

Senior Advocate Kapil Sibal represented the Speaker. The BJP MLA i.e. the petitioner was represented by Harish Salve, Dr Rajeev Dhawan represented one of the BSP MLAs who was merging with INC and S.C. Mishra represented the BSP.

Senior Adv. Kapil Sibal submitted that this matter was already being argued in the Rajasthan High Court. 

Senior Adv. Mishra requested the Court to pass an interim order. He argued that if the merger is allowed, it would be failing the democratic procedure. 

Senior Adv. Sibal mentioned, responding to a question put forth by the bench, that based on the Speaker’s order no business would take place in the House the next day as this matter is still on-going in the Rajasthan High Court.

Dr Dhawan stated that the Committee initiating a No-Confidence motion would be appropriate.

Court’s Observation

The bench remarked on the main issue of the petitioner. The Speaker has already approved the merger in question, but, no interim order is in place putting a stay on the same. The petitioner is concerned that some transactions might take place taking into account this merger. They asked the advocate representing the Speaker if there has been any suck mention on the agenda to which he replied that it is unheard of but the agenda would be formed the next day itself.

Also, during the pendency of the hearing, the on-going matter in the Rajasthan High Court was adjourned without passing an interim order. The Supreme Court observed how at this stage it cannot go into the merits of the case and would refrain from interfering.

Court’s Decision

The Court decided not to make any remark or pass any order keeping in mind the pending proceedings in the High Court. But, it did mention that any transaction that might take place on the merger in the House will be subject to the Court’s order.

Justice Mishra then adjourned the matter which is now listed to be heard on the following Monday.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Federal Court Denied Involvement of US Department of Justice in Trump’s Defamation Lawsuit

Background  The Plaintiff, E .Jean Carroll, published a book where she wrote that a businessman, Donald J Trump had raped her in a dressing room,...

SC Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Lawsuit Filed Against Uber for Discriminatory “Star Rating System”

The lawsuit was bought in the District Court of North California against Uber. The plaintiff claims class-action status on behalf of all the minority...

Bombay High Court To Hear Plea Seeking Removal of Chairperson of National Commission for Women

A Writ Petition had been filed in the Bombay High Court challenging the conduct of the Chairperson of the National Commission for Women. The...

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

More Articles Like This

- Advertisement -