The BSP MLAs, in their petition, submitted that similar matters pertaining to the interpretation of Para 4 of the Tenth Schedule of the Constitution, are already pending before the Supreme Court.
Six Bahujan Samaj Party (BSP) MLAs from Rajasthan on Saturday moved the Supreme Court seeking transfer of the case against their merger with the Congress party in the state from Rajasthan High Court to the top court.
The BSP MLAs, in their petition, submitted that similar matters pertaining to the interpretation of Para 4 of the Tenth Schedule of the Constitution, are already pending before the Supreme Court.
"It is important to also note that there is an urgent need to clarify the law in respect of the scope and purport of Paragraph 4 of the Tenth Schedule, to ensure that there are no conflicting judgments, involving substantial questions of interpretation of the Constitution, by an interpretation by this court," the plea said.
It submitted that subparagraph (1) of Paragraph 4 contemplates that a 13 member of the house will not attract disqualification under Paragraph 2 if his original political party merges with another political party.
"All the six persons, being the entire Legislative Party of the BSP merged with the Legislature Party of the Indian National Congress (INC), and the same came to be recognized by the Order of the Speaker of the Rajasthan Legislative Assembly September 18, 2019," the plea said.
Further, subparagraph (2) creates a legal fiction of a merger of the legislative party being treated as a merger of the original political party, it added.
This comes even as the Rajasthan High Court is scheduled to hear on August 11 a petition filed by the Bahujan Samaj Party (BSP) and BJP leader Madan Dilawar against the merger, which had helped the ruling party in retaining a majority in the Rajasthan Legislative Assembly.
The High Court had, on July 30, heard the application seeking a stay on the order announcing the merger and issued notices to the Speaker, Secretary of the Legislative Assembly, and six BSP MLAs in the state asking them to file their reply before the next date of hearing.
The development holds significance as it comes in the backdrop of a political crisis in Rajasthan Congress after simmering differences between Chief Minister Ashok Gehlot and his deputy Sachin Pilot came out in the open.
Pilot, along with 18 other MLAs supporting him, is reportedly staying at a Haryana hotel. The Congress has accused the BJP of attempting to topple the Gehlot-led government in Rajasthan.
The BJP has denied the charge.
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 "India, Narendra Modi, Ashok Gehlot, Sachin Pilot, Prime Minister, Rajasthan, Congress, Rajasthan political crisis, Supreme Court")
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