New Delhi, Apr 17 (UNI) The Supreme Court today issued notices on a petition filed by Bahujan Samaj Party MLA Swami Prashad Maurya in the Uttar Pradesh Legislative Assembly seeking dismissal of 40 MLAs of the breakaway group who are either ministers or Chairmen of boards in the state.
A bench comprising Vhief Justice Y K sabharwal and Mr Justice C K Thakker issued notices to all the members of breakway group as well as Speaker of the State Assembly after hearing the petitioner counsel who contented that the respondents have betrayed the mandate of the people after they defected from the Bahujan Samaj Party (BSP), on the ticket of which they were elected, to support Mr Mulayam Singh Yadav to form a government.
All the defectors who formed the Bahujan Loktantrik Dal (BLD) were made either ministers or Chairmen of boards in Uttar Pradesh in lieu of their support in the formation of Samajwadi Party government, headed by Mr Singh Yadav in September 2003.
The petitioner, who is the leader of BSP in the State Assembly has also prayed to the apex court to set aside the impugned judgment of Allahabad High Court dated February 28, 2006 holding their joining the Samajwadi party as illegal.
The High Court had, however, referred the matter back to the Uttar Pradesh Speaker to decide afresh the issue of their status in the Assembly.
The Supreme Court in its earlier order had however permitted the breakaway group to function as an independent group in the Assembly to preserve their political status as MLAs.
The Supreme Court also directed the petition to be listed for hearing along with the main case.
UNI AKS/SC PR HS1356