SC Dismisses Plea Against BSP-Congress Merger as ‘Infructuous’

BJP MLA Dilwar had said that the BSP MLAs have been wrongly allowed by CP Joshi to merge with the Congress party.

The Supreme Court on Monday, 24 August, dismissed BJP MLA Madan Dilawar’s plea challenging Rajasthan Assembly Speaker CP Joshi’s decision, that approved the merger of six MLA’s of Bahujan Samaj Party (BSP) with the Congress as ‘infructuous’, in the view of Rajasthan High Court’s order.

Senior advocate Kapil Sibal, appearing for the Rajasthan Speaker, informed the bench of Justices Arun Mishra, BR Gavai and Krishna Murari that the Rajasthan High Court has passed the order on the given matter.

What Did the Order Said?

According to the order passed by the Rajasthan High Court, Rajasthan Assembly Speaker Joshi had been granted time to decide on the merit of the disqualification plea against the BSP MLAs within three months.

Senior Advocates SC Misra and Satyapal Jain, representing BSP and BJP MLA Madan Dilawar respectively, requested for more time to inspect the judgment of High Court.

However, the bench dismissed the plea, and said that it was against the interim order of the high court, hence ‘infructuous’.

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Earlier, the apex court had refused to pass an interim order, after it was informed that the high court has been dealing with the case.

BJP MLA Dilawar had said that the BSP MLAs have been incorrectly allowed by Joshi to merge with the Congress party.

What Led to the Crisis?

In September 2019, Joshi had allowed the merger of six BSP MLAs with the Congress party. In 2018, these MLAs were elected to the Rajasthan Legislative Assembly on BSP ticket. In 2019, these MLAs submitted an application to the Speaker, who allowed the merger.

In March 2020, BJP MLA Madan Dilawar moved Rajasthan High Court under Tenth Schedule of the Constitution of India, challenging the merger order, reported LiveLaw.

The plea was later withdrawn, after the Speaker dismissed Dilawar’s petition. Dilawar then challenged the order before the Division Bench of Rajasthan High Court. But both the benches refused to order an interim stay on Speaker’s decision, reported LiveLaw.

The merger of six MLAs from the BSP has strengthened Ashok Gehlot-led Rajasthan government, as the number increased from 107 in the house of 200.

(With inputs from Livelaw)