Speaker can hear & decide on BJP MLA’s plea in 3 months: Rajasthan high court

JAIPUR: A single-judge bench of Rajasthan high court on Monday, while deciding on the plea filed by BJP MLA Madan Dilwar challenging the merger of BSP MLAs with Congress, asked the MLA to approach assembly Speaker C P Joshi.
On Dilwar’s petition, the court said the Speaker may take a decision within a period of three months on such petitions. While dismissing the petition by BSP, the court said they have liberty to file a disqualification petition with the Speaker, who is expected to decide on the plea as per the law.
The high court issued the order while partially allowing Dilawar’s petition and dismissing BSP’s plea.
Earlier, the single-judge bench on July 30 heard the application seeking a stay on the order announcing the merger had issued notices to the Speaker, secretary of the Legislative Assembly and six BSP MLAs in the state asking them to file their reply.
Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana and Rajendra Gudha had contested and won the 2018 assembly elections on a BSP ticket, but had later joined the Congress party in September 2019.
“On the writ petition filed by the BJP MLA, the court has clearly stated that the Speaker is expected to take a decision within a period of three months from Monday. On the BSP’s petition, the court has dismissed it, but said the petitioners are free to file a disqualification plea before the Speaker,” said Prateek Kasliwal, counsel for Speaker C P Joshi.
Thereafter, hearing a petition filed by Dilawar, the Supreme Court dismissed the plea seeking a stay on Rajasthan Speaker’s decision that allowed the BSP’s merger with the Congress. A bench of Justices Arun Mishra, Vineet Saran and M R Shah was informed by senior advocate Kapil Sibal, appearing for the Speaker, that earlier in the day the Rajasthan high court passed an order on the plea filed by BJP MLA Madan Dilawar. Thus the court dismissed the plea terming it ‘infructuous’.
TIMELINE
How things unfolded in the case
September 16, 2019: Six BSP MLAs request the Speaker to join the Congress party
September 18, 2019: Speaker allows BSP MLAs’ merger into Congress
March, 16, 2020: BJP MLA Madan Dilawar files a complaint petition before the Speaker
July 22: Speaker dismisses Dilawar’s plea on technical grounds
July 24: Dilawar files a petition in the high court, challenging the Speaker not to take action
July 27: Rajasthan high court dismisses Dilawar’s petition allowing him to withdraw
July 28: Dilawar files a petition in the high court against the merger of BSP MLAs into Congress
July 29: Petition filed on behalf of the BSP challenging the merger
July 30: A single-judge bench of the Rajasthan HC issues notices while hearing both the petitions and fixes the date for hearing on August 11
August 4: BSP and Dilawar moves an appeal in the HC bench seeking to quash the merger and grant a stay on voting
August 5: On the appeal of BSP and Dilawar, the bench of Chief Justice issues notice to the Speaker and asks him to reply at 10.30 am on August 6
August 6: The bench while disposing of the appeal, arranging for the serving of notice on the MLAs, asks the single-judge bench to decide on the stay application
August 11: A single-judge bench of HC starts hearing the case
August 13: Hearing held in Rajasthan HC for the entire day
August 14: HC begins writing decision on the completion of the debate. Court sets August 17 as date for verdict
August 17: Due to corona infection, high court work was suspended
August 24: High court delivers verdict through a virtual hearing