Plea in SC against Rajasthan HC's refusal to stay RS election result over 6 BSP MLAs joining Congress

A plea was filed in the Supreme Court on Thursday against an order passed by the Rajasthan High Court today dismissing a plea which sought stay on the declaration of results of the Rajya Sabha elections to be held in the state on Friday.

The plea filed in the apex court against the High Court order demanded stay on the declaration of results and to keep the votes cast by the six MLAs separately (in sealed cover), who were elected on the BSP ticket and later joined Congress.

The six MLAs were originally elected as members of the Bahujan Samaj Party (BSP) and were later declared by the Speaker of Rajasthan Vidhan Sabha as members of the Indian National Congress (INC).

Earlier in the day, the counsel of the petitioner mentioned the matter before the apex court for urgent hearing saying the matter is of "grave urgency".

"This is a matter of grave urgency. It concerns the Rajya Sabha election. The plea is being drafted against the order of today morning of Rajasthan High Court. Please list this," the counsel told the top court.

A vacation bench of Justices MR Shah and Aniruddha Bose asked the counsel to mention the matter before the Chief Justice of India for the listing saying it cannot list the matter like this.

The appeal filed by advocate Hemant Nahta stated, "Six MLAs of Bahujan Samaj Party, if allowed to participate and their votes are considered in the upcoming voting process as MLAs of Indian National Congress for biennial election of 2022 for the Council of States from Rajasthan scheduled on June 10, 2022, the whole democratic process would be devalued and the perpetrators of illegality would be able to enjoy the fruits of their wrong."

The ill consequences on the electoral process and the democratic values are grave and irreversible in nature and militate against the concept of fair elections, the appeal stated.

The participation and consideration of the votes of the six MLAs in the upcoming election will cause "grave prejudice and irreparable damage to the whole democratic electoral process" of the State and the Rule of Law, it added.

"Grant ad interim ex-parte order/ direction to the Respondent no. 3 (Election Commission) keep the votes cast by the six MLAs originally elected as Bahujan Samaj Party MLAs separately (in sealed cover)/ be not counted till the disposal of the present petition. Grant ad interim ex-parte order/ direction to the Respondent no. 3 to not to declare the results of the elections till the disposal of the present petition," the appeal in the apex court demanded.

Rajasthan High Court today dismissed an application which sought an interim stay on the declaration of results of Rajya Sabha Elections till the disposal of writ petitions pertaining to disqualification of the six Rajasthan MLAs who originally were elected as members of BSP and were later joined Congress.

The six MLAs of the BSP, who were elected to the State Assembly in December, 2018 informed the Speaker of Rajasthan Vidhan Sabha, on September 16, 2019 that they merged their political party with the Congress, accordingly, on September 18, 2019, the Speaker declared them MLAs of INC.

The petitioner had filed a PIL before the Rajasthan High Court urging to set aside the order passed by the Speaker and to declare the six MLAs disqualified as the members of the Assembly for defection.

The petition was admitted and is pending adjudication before the High Court.

BSP and Madan Dilawar, a sitting MLA of Bharatiya Janta Party, had also filed petitions before the top court seeking disqualification of big six MLAs, which is pending for adjudication.

( With inputs from ANI )

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