Lucknow, Mar 01: The Opposition Congress today (Mar 01, 2006) claimed that the continuation of rebel BSP MLAs as ministers and heads of various boards in the SP-led Uttar Pradesh government following the Allahabad High Court's verdict had led to a constitutional crisis.
Addressing newspersons at Vidhan Bhawan here, Congress Legislature Party (CLP) leader Pramod Tiwari said after the court verdict quashed the Speaker's orders including that of recognising the split in the BSP, merger of 37 MLAs in the SP, merger of another three MLAs in the SP and the cancellation of a BSP writ petition before the Speaker last year seeking the disqualification of rebel MLAs, the legislators had no right to hold posts in the ruling coalition.
''Under Article 164 (A) of the Constitution, the Governor appoints MLAs as ministers. Now since the ministers are no more with the Samajwadi Party, the Governor should take suo moto notice of the situation,'' he claimed.
The Congress leader maintained that the MLAs could hold posts only if BSP president Mayawati allowed them to do so. ''As of now, it is a constitutional crisis,'' he added.
A larger bench of the Allahabad High Court yesterday remanded the case related to defection of 40 BSP MLAs to the Speaker while refusing to disqualify these members.