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Breakaway BSP MLAs to file petition on March 24

The High Court had, on February 28, directed the UP Assembly Speaker to decide on disqualification of BSP MLAs.

india Updated: Mar 06, 2006 17:05 IST

The Supreme Court on Monday fixed March 24 for hearing petitions filed by breakaway BSP MLAs seeking a stay on the Allahabad High Court order regarding their disqualification.

The High Court had, on February 28, directed the Uttar Pradesh Assembly Speaker to decide on the disqualification of the BSP MLAs.

A bench headed by Justice KG Balakrishnan also issued notices to BSP Legislative party leader Swami Prasad Maurya and others on petitions challenging the High Court verdict.

The four petitions have sought setting aside of the three-judge bench judgement of the High Court.

The High Court had quashed by a 2:1 majority, the then Assembly Speaker Kesri Nath Tipathi's decision to recognise the breakaway group of 40 BSP MLAs.

Subsequently the rebel MLAs, who had formed a separate party, had merged with the ruling Samajwadi Party.

The High Court has remanded the matter to Speaker with a direction to decide issues pertaining to the split in the BSP legislature party, formation of a new outfit, granting it recognition and their disqualification in light of the order.

The majority view had held that the Speaker had acted hastily and in violation of principles of natural justice while giving recognition to the breakaway group in the assembly.

The minority verdict had dismissed BSP's petition seeking disqualification of 13 of its deserting MLAs and upheld Tripathi's order to recognise the breakaway group.

First Published: Mar 06, 2006 17:05 IST