The BSP argued in court that for a national party, unless there is a merger at the national level, there cannot be a merger at the state level so the judges have issued notices to the Rajasthan Legislative Assembly Speaker and six MLAs.
New Delhi: The legal validity of the Rajasthan president’s decision – Mayawati’s six Bahujan Samaj Party MLAs allowed to join Congress – will be investigated by the Supreme Court. The apex court sent them notice today, with the legislators seeking a response on the issue. The opposition BJP and BSP had approached the apex court challenging the merger.
Arguing for the BSP, senior advocate Satish Mishra told the court that the merger is illegal because unless a merger takes place at the national level, there cannot be a merger at the state level for a national party.
He said that the BSP is a national party, the decision of the president is illegal and the state BSP cannot be merged with the Congress.
When the court asked Mr. Mishra whether the Speaker could decide the seating arrangement for these MLAs, he said that the Speaker could decide the seating arrangement. He said, “But how can he say that the party has merged? It is illegal and against the verdict of the apex court.”
The judges agreed with the argument and issued a notice.
In September 2019, the Rajasthan Legislative Assembly CP Joshi approved the merger, a day after the Congress joined the six. In February, the BJP, which lost the state elections, demanded its disqualification, which the Speaker rejected.
The case went to court after the uprising of Sachin Pilot and his 18 loyal MLAs last year, as BSP chief Mayawati, who defected and risked her time, said she “wants to teach Ashok Gehlot government a lesson”. .
The ban on merger would mean that six MLAs would not be allowed to vote in the assembly. In the event of a trust vote, Mr. Gehlot was hit hard.