SC tells expelled SP MLAs to go to HC

New Delhi, Sep 18 (UNI) The Supreme Court today refused to entertain the petition filed by Omwati Devi who along with three MLAs was disqualified by the Uttar Pradesh state assembly speaker for voting against the Samajwadi Party (SP) whip during the Rajya Sabha elections in the state this year.

The Speaker had declared the four MLAs disqualified under the anti defection law on the complaint filed by Shiv Pal Singh Yadav, brother of state chief minister Mulayam Singh Yadav.

A bench comprising Chief Justice Y K Sabharwal, Justices A R Lakshmanan and C K Thakker told the petitioner to go to the state high court.

Counsel for the petitioner sought the permission of the court to withdraw the petition which was granted and the court dismissed the petition as withdrawn.

The four MLAs were disqualified on August 19 this year.

It may be noted here that six other MLAs belonging to BSP who had formed a rebel group with 37 other MLAs in September, 2003 named Bahujan Loktantrik Dal (BLD) which later merged with SP to enable Mulayam Singh Yadav to cobble up a majority to form a government in the state, have also been disqualified by the UP speaker for the same reason.

All the defectors from BSP were made either ministers or chairpersons of state boards.

The petitioners were relying on the constitution bench judgment of the apex court in Kuldip Nayyar case in which five judges have held last month that voting against the party whip in Rajya Sabha elections can not attract provisions of anti-defection law and those going for cross voting can not be disqualified only disciplinary action can be taken by the party concerned.

UNI AKS/SC RP BD1847