SC refuses to stay proceedings against 5 breakaway BSP MLAs
New Delhi, May 5 (UNI) The Supreme Court today refused to stay the proceedings initiated against five members of the breakaway group called Bahujan Loktantrik Dal (BLD) by the Uttar Pradesh Assembly Speaker for their disqualification under the provisions of anti-defection law.
A bench comprising Mr. Justices K.G. Balakrishnan and D.K. Jain, however directed that decision of the UP speaker shall be subject to the outcome of the petitions pending before this court.
It may be noted here that five MLAs had rejoined the BSP following high court order dated Feb. 28, 2006 holding as illegal the action of 42 BSP MLAs defecting from their parent party in Sept. 2003 and later joining Samajwadi Party (SP) to enable Mulayam Singh Yadav to cobble up a majority to form government in the state through allurements and corrupt means. All the defectors were made either ministers or chairmen of various boards with cabinet rank.
The Supreme Court also refused to pass any order on the application of the UP Speaker seeking clarification of the apex court order calling it very confusing. The speaker had sought clarification whether he should proceed with the cases pending before him for deciding the fate of the breakaway group. The apex court had permitted 32 members of the breakaway group to function as independent group called BLD to preserve their political status.
The disqualification proceedings against 5 MLAs who had resigned from the ministry following high court order, have been initiated by the speaker on the complaint of BLD group leader Yogender Parsad Singh who had sought their disqualification as MLAs on the grounds that their total strength was below one third of the total stength of BLD in the assembly.
UNI AKS/SC RP VV1918