SC defers hearing on BSP disqualification

New Delhi, Apr 21: The Supreme Court will hear on Monday an application filed by five members of the UP Legislative Assembly belonging to the break-away group of BSP seeking stay against the proceeding initiated by the assembly Speaker for their disqualification.

A bench comprising Mr Justice K G Balakrishnan and Mr Justice D K Jain fixed the matter for hearing on Monday after counsel for the applicants Rakesh Khanna mentioned the matter alleging that the Speaker has initiated disqualification proceedings against five MLAs, namely, Surendra Vikram Singh, Jai Vir Singh, Ram Krishna, Dharam Pal, and Ramji Shukla, who has rejoined BSP after Allahabad High Court judgement dated Februarey 28, 2006. The court had held their defection from BSP in September 2003 and later joining the Samajwadi party to enable Mulayam Simngh Yadav to form a government in Uttar Pradesh, as ''illegal and unconstitutional.'' The matter was reffered by the High Court to the Speaker to take decision on the status of 42 members of break-away group called Bahaujan Loktantrik Dal (BLD).

Fresh proceedings have been initiated by the Speaker on an application by Chief whip of BLD, Yogesh Pratap Singh. Alleging that defection by these MLAs is covered by the provisions of anti-defection law, as their strength is well below one-third of the total strength of the break-away group.

The Supreme Court has permitted members of break-away group to function as an independent group called BLD. The Court had also permitted five MLAs to function as BSP MLAs in the state legislative assembly.

BSP supremo Mayawati had alleged that the defections were engineered from her party by Mr Yadav through corrupt means and allurement. All the memnbers of the break-away group are at present ministers in the Mulayam Singh government except these five applicants who have resigned from the Ministry after High Court judgement and rejoined their parent organisation, BSP. The Supreme Court has also asked UP assembly Speaker to decide the fate of members of break-away group as per the directions of the High Court.

UNI