The hearing in the Rajasthan high court on the merger of six BSP MLAs with the ruling Congress party remained inconclusive on Thursday and will continue on Friday.
Two petitions were filed by the BSP and BJP legislator Madan Dilawar seeking disqualification of the six MLAs who merged with the Congress in September 2019.
Prateek Kasliwal, counsel for the assembly Speaker said Kapil Sibal argued on behalf of the Speaker.
“His contention was that the petitions were premature. Only the Speaker can decide a disqualification application. Only if he rejects it, the courts have the power of judicial review under article 226 of the Constitution,” said Kasliwal.
He said that the matter is likely to be decided on Friday.
“Arguments could not be completed today so the hearing has been posted to 10.20am on Friday. Kapil Sibal concluded his argument today. He relied upon the point that anybody can file a petition before the Speaker for seeking disqualification of a member of legislative assembly,” Ashish Sharma, counsel for Dilawar, said.
He added that advocate Siddarth Luthra who represented one of the BSP MLAs started his argument when the court’s time was over. The court functions for half day on Thursday.
“If the court tomorrow gives order in our favour then also whatever is done in the legislative assembly will be subject to outcome and the proceedings will have to be amended accordingly,” Sharma said.
On July 29, the BSP had filed a petition seeking disqualification of six MLAs. On July 30, a similar petition was filed by Dilawar, which was tagged with that of the BSP.
The six BSP members who had merged with the ruling party are Sandeep Yadav, Tijara MLA, Wajib Ali (Nagar), Deepchand Kheria (Kishangarh Bas), LakhanMeena (Karauli), Joginder Awana (Nadbai) and Rajendra Gudha (Udaipurwati).
A session of the Rajasthan assembly is beginning on Friday.
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