SC ruling on rebel MLAs: Oppn' demands Mulayam's removal

Lucknow, Feb 15 (UNI) The Opposition today demanded the dismissal of the Mulayam Singh Yadav government following a Supreme Court judgement disqualifying 13 MLAs of the Loktantrik Bahujan Dal (LBD), who had helped the Samajwadi Party form a government in 2003.

Delegations of Congress, Rashtriya Lok Dal (RLD), Bahujan Samaj Party (BSP) and Rashtriya Janata Dal (RJD) met Governor T V Rajeswar here separately and handed him memorandum to this effect.

''While the 13 MLAs have been disqualified since Auguat 27, 2003, the rest of the 24 MLAs stand disqualified the day they handed over their letter of support to the Mulayam government to the Speaker,'' said Congress Legislature Party leader Pramod Tiwari after meeting the Governor.

UP Congress president Salman Khurshid said the question now was not about the government being in a minority. ''...the government had all along being illegal.'' The Congress also termed the development a constitutional crisis.

''In a bid to maintain democratic norms, the Chief Minister should immediately step down,'' Mr Tiwari observed.

BSP legislature party leader Swami Prasad Maurya also handed a similar memorandum to the Governor. The BSP memorandum described the SC ruling as a moral defeat of the Samajwadi Party government.

In a similar memorandum, the RLD also sought the dismissal of the state government. ''Despite having moral grounds to step down, the CM is continuing in power, therefore, you are requeted to dismiss the government,'' the memorandum read.

The apex court, dismissing the appeals of the 37 MLAs against the Allahabad High Court judgement dated February 28, 2006, held in the circumstances of the present case there was no such split.

The High Court had directed the Speaker to decide the complaint of the BSP against the 13 MLAs, who defected on August 27, 2003, before deciding the fate of the remaining MLAs of the breakaway group.

The then UP Assembly Speaker Kesari Nath Tripathi had, instead of deciding the complaint of the BSP, waited till September 6, 2003. By then the strength of the breakaway group had gone upto 42.

Mr Tripathi held that since the strength of the breakaway group was more than one third of the total strength of the BSP in the assembly, there was a split in Ms Mayawati's party and not defection.

The Speaker's decision was challenged by BSP in the High Court, which directed the speaker to decide the fate of the 13 MLAs, who had defected on August 27, 2003 and then decide the fate of rest.

Five of the 42 MLAs had gone back to the parent party after the HC verdict. They were later disqualified by the speaker and they also challenged their disqualification in the SC.

Former UP Chief Minister and BSP supremo Mayawati had alleged the defections had been engineered by Mr Yadav through corrupt means.

All defecting MLAs were either made ministers or appointed as chairpersons of various boards and PSUs in UP with cabinet rank.

Although the apex court has not specifically clarified the fate of the remaining 24 MLAs, by the implication of the judgement they also stand disqualified.

UNI