A bench of the Rajasthan High Court on Thursday ruled against the decision of the BJP MLA and the single judge of the Bahujan Samaj Party to immediately ban six MLAs of the Bahujan Samaj Party, which was merged with the Congress in 2016.
Earlier, BSP and BJP MLA Madan Dilwar resigned in the Rajasthan High Court against the Speaker’s decision to split six BSP MLAs in the Congress. A single bench of the High Court sought reply from Speaker CP Joshi and six BSP MLAs united in the Congress by August 11.
Preetak Kasliwal, counsel for Speaker CP Joshi, said the special appeal filed by petitioner Madan Dilwar and Bas Pir was not considered. Kasliwal said the High Court had disposed of the appeal filed by BSP and BJP MLA Madan Dilwar. The court asked the district judge to give notice to the BSP MLAs. In addition, if necessary, resort to giving notice to Jaisalmer’s SP. The court also directed the local newspaper to give notice and also directed the single bench to decide on the first filed application by August 11.
On Tuesday, BJP MLA Madan Dilwar and BSP national secretary Satish Mishra went to the bench to appeal against the single bench order. Earlier, both the parties had filed a writ petition challenging the decision of Speaker CP Joshi in September 2019, where six MLAs were allowed to join the Congress.
A single bench of Justice Mahendra Kumar Goa issued notices to the Speaker and Secretary and six MLAs on July 30 and directed them to file their replies on August 11. The bench, however, did not provide any interim relief and rejected the ban on six BSP MLAs from participating in the House proceedings as Congress MLAs.
A division bench of Chief Justice Indrajith Mohanty and Justice Prakash Gupta on Wednesday issued notice to the Speaker on the appeal. However, no reply was filed in their favor. His lawyer Kapil Sibal argued in court that the bench should not consider the appeal.
Sibal further said that the Speaker’s office cannot be used as a post office to give notice to any MLA. On this, the bench directed to send the notice through the District Judge of Jaisalmer and to publish it in two newspapers of Jaisalmer and Barmer. The bench said that the single bench would hear the appeal of BJP and Bus Peer on August 11.