JAIPUR: The division bench of Rajasthan High Court on Thursday disposed of appeals filed by a BJP MLA Madan Dilawar and the BSP against the single bench order which turned down the plea for a stay on the Speaker's order of merging six BSP MLAs with the Congress party in September last year.
While disposing of the appeal, the division bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta directed the single judge to hear and dispose of the stay applications on the Speaker’s order on the same day of next hearing (August 11) in accordance with the law.
Earlier, both parties had filed writ petitions challenging the decision of Speaker CP Joshi in September 18, 2019, to allow the merger of six BSP MLAs with the Congress. The single bench of Justice Mahendra Goyal had issued a notice to the Speaker and six former BSP MLAs to reply by August 11.
When BSP's counsel Satish Misra said that the MLAS were not at their official residences and reportedly staying in a hotel at Jaisalmer and could not be served notices before the next date of hearing fixed by the single judge, the court ordered the appointment of a special messenger to serve the same to MLAs before August 8, said Speaker's counsel Pratik Kasliwal.
“The district judge of Jaisalmer is directed to provide all necessary assistance to the special messenger to serve notices, and if required, the district judge may seek necessary assistance of the superintendent of police, Jaisalmer,” said the court order.
The court directed the petitioners to publish a notice in daily newspaper 'Rajasthan Patrika', Barmer-Jaisalmer edition. The notice should indicate the directions issued by the single judge, dated July 30.
The division bench had issued a notice to the assembly Speaker on Wednesday on the appeal but no reply was filed on his behalf. Appearing for the Speaker, his counsel Kapil Sibal argued that the appeal before the division bench was not maintainable. Sibal also objected to the suggestion that the notices be served through the assembly secretary, arguing that the Speaker's office could not be used as a post office to serve notices to any MLA.
All the six BSP MLAs -- Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Singh Gudha -- crossed over to the Congress in September last year.
While disposing of the appeal, the division bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta directed the single judge to hear and dispose of the stay applications on the Speaker’s order on the same day of next hearing (August 11) in accordance with the law.
Earlier, both parties had filed writ petitions challenging the decision of Speaker CP Joshi in September 18, 2019, to allow the merger of six BSP MLAs with the Congress. The single bench of Justice Mahendra Goyal had issued a notice to the Speaker and six former BSP MLAs to reply by August 11.
When BSP's counsel Satish Misra said that the MLAS were not at their official residences and reportedly staying in a hotel at Jaisalmer and could not be served notices before the next date of hearing fixed by the single judge, the court ordered the appointment of a special messenger to serve the same to MLAs before August 8, said Speaker's counsel Pratik Kasliwal.
“The district judge of Jaisalmer is directed to provide all necessary assistance to the special messenger to serve notices, and if required, the district judge may seek necessary assistance of the superintendent of police, Jaisalmer,” said the court order.
The court directed the petitioners to publish a notice in daily newspaper 'Rajasthan Patrika', Barmer-Jaisalmer edition. The notice should indicate the directions issued by the single judge, dated July 30.
The division bench had issued a notice to the assembly Speaker on Wednesday on the appeal but no reply was filed on his behalf. Appearing for the Speaker, his counsel Kapil Sibal argued that the appeal before the division bench was not maintainable. Sibal also objected to the suggestion that the notices be served through the assembly secretary, arguing that the Speaker's office could not be used as a post office to serve notices to any MLA.
All the six BSP MLAs -- Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Singh Gudha -- crossed over to the Congress in September last year.
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