HC refuses a stay on BSP MLAS’ merger with Cong

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We remain confident that the Hon’ble

Single Judge will hear and dispose of the stay applications filed by appellants on the same day HC BENCH

nJAIPUR: A Rajasthan high court division bench on Thursday disposed of a petition seeking an immediate stay on the merger of six Bahujan Samaj Party (BSP) lawmakers with the ruling Congress in 2019, saying a single judge hearing a similar plea will decide the matter.

“We remain confident that the Hon’ble Single Judge will hear and dispose of the stay applications filed by the appellants on the same day in accordance with law and without...being prejudiced by any directions/observations issued by us hereinabove,” said the division bench of chief justice Indrajit Mahanty and justice Prakash Gupta.

Rajasthan assembly speaker C P Joshi approved the merger a day after the six joined the Congress in September 2019 and prompted opposition Bharatiya Janata Party (BJP) to seek their disqualification in February. Joshi on July 30 rejected the BJP’S disqualification petition.

The bench sought replies of Joshi and the six lawmakers by August 11 after BSP and BJP lawces, maker Madan Dilawar moved the court against the speaker’s order. On Tuesday, BSP and Dilawar filed a review petition seeking a stay on the merger.

The six lawmakers are crucial to chief minister Ashok Gehlot as he faces a revolt by his former deputy, Sachin Pilot, and 18 Congress lawmakers supporting him. The Gehlot camp has claimed support of 101 legislators in the 200-member assembly. The BJP has 72 members in the House.

The division bench said the notices issued to the six should be served on or before August 8. “The District Judge, Jaisalmer, is directed to provide all necessary assistance to the special messenger to effect service of such notiand if required, the District Judge may seek necessary assistance of the Superintendent of Police, Jaisalmer, for effecting service on the private respondents who are said to be residing at Jaisalmer,” the court said.

The single judge will hear the case next on August 11.

Joshi’s lawyer, Prateek Kasliwal, said the division bench found Dilawar and BSP’S plea unmaintainable.

BSP’S lawyer, Dinesh Kumar Garg, said the directions on Thursday were in their favour. “Our biggest concern was the serving of notice and the division bench has heard our plea. Previously, we were not sure that whether the notices issued in would be served but today’s directions of will ensure that notices are served. We have full justice in the court and today’s direction will go in favour of the party.”

Dilawar’s lawyer, Ashish Sharma, said their biggest concern was the six are staying at a Jaisalmer hotel, where they have been put up until the assembly session begins on August 14, and the notices would not be served on time.