Plea to refer BSP MLAs? case to a larger bench

AN ADVOCATE of Lucknow Bench of Allahabad High Court Ashok Pandey moved an application before the Chief Justice of Allahabad High Court on Thursday afternoon, requesting him to refer the case relating to 40 BSP MLAs (writ petition no-5085 MB-2003 Swami Prasad Maurya Vs Speaker and 40 others) to a larger Bench of a minimum of five judges .

AN ADVOCATE of Lucknow Bench of Allahabad High Court Ashok Pandey moved an application before the Chief Justice of Allahabad High Court on Thursday afternoon, requesting him to refer the case relating to 40 BSP MLAs (writ petition no-5085 MB-2003 Swami Prasad Maurya Vs Speaker and 40 others) to a larger Bench of a minimum of five judges.

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Ashok Pandey, counsel for the interveners in the case, namely NK Dixit and Prem Chandra Sharma, advocates, said that the earlier a Division Bench comprising Justice Jagdish Bhalla and Justice MA Khan and later a full bench comprising the Chief Justice, Justice Jagdish Bhalla and Justice Pradeep Kant heard this petition. The four judges pronounced their judgements separately in the matter and all the four judgements were on record. According to Pandey, the position was 2-2 as the CJ and a judge dismissed the petition and two judges allowed it.

According to him, the case is still pending.

Therefore, he made a request that the matter should go to the larger bench of at least five judges.