HC adjourns hearing of petition against merger BSP-Congress MLAs to August 13

Ashish Sharma, who is Dilawar’s counsel, said the merger of BSP members of the Rajasthan legislative assembly (MLAs) with the ruling Congress was unconstitutional.

The hearing in the separate petitions filed by the Bahujan Samaj Party (BSP) and the Bharatiya Janata Party (BJP) lawmaker Madan Dilawar seeking disqualification of six BSP lawmakers, who had contested on the party symbol in 2018 Rajasthan assembly polls, but later merged with the ruling Congress government last September, will continue in the Rajasthan high court (HC) on Thursday (August 13).

Bharatiya Janata Party (BJP) lawmaker Madan Dilawar(ANI)

“Arguments did not complete today (Tuesday) and will continue on Thursday (August 13). The petitions filed by BSP and BJP are premature and have no basis. Earlier, the BSP didn’t make any objection before the Speaker related to the six lawmakers’ merger with the Congress government,” said Prateek Kasliwal, the counsel for Rajasthan Assembly Speaker CP Joshi.

Ashish Sharma, who is Dilawar’s counsel, said the merger of BSP members of the Rajasthan legislative assembly (MLAs) with the ruling Congress was unconstitutional. “We presented our arguments to prove that the merger was in violation of the 10th Schedule of the Constitution, which deals with anti-defection,” said Sharma.

Dinesh Garg, who is the counsel for the BSP, said that the petition was heard by the single HC bench of Justice Mahendra Kumar Goyal.

“As per the law, parties merge, but not legislators. Besides, these MLAs didn’t submit their resignations, and as a result, the BSP’s national secretary had issued a whip. They are liable to be disqualified under the 10th Schedule of the Constitution,” Garg said.

On July 29, a petition was filed by BSP seeking disqualification of the six MLAs and on the following day, Dilawar had filed a similar plea.

HC is hearing both the petitions concurrently.

The six BSP MLAs, who had joined the Congress in September 2019, are Sandeep Yadav, who represents the Tijara constituency in Rajasthan Assembly; Wajib Ali (Nagar), Deepchand Kheria (Kishangarh Bas), Lakhan Meena (Karauli), Joginder Singh Awana (Nadbai), and Rajendra Gudha (Udaipurwati).

Speaker Joshi had upheld the merger and rejected the BJP’s plea seeking their disqualification on July 28.