Jaipur: A Division Bench of Rajasthan High Court has directed the Single Bench to hear on August 11 the application by BJP and BSP seeking stay on the functioning of six BSP MLAs as Congress MLAs in Assembly.
Since the notices have not been served upon the 6 BSP MLAs, the court also directed that notices be served through Jaisalmer District Judge. The court directed that help of the local Superintendent of Police could be used if required. It said that a messenger from the HC could deliver the notices to Jaisalmer.
The court further directed that the notices should be published in local newspapers of Barmer and Jaisalmer.
The Division Bench was headed by Rajasthan Chief Justice Inderjeet Mahanty and Justice Prakash Gupta.
BJP and BSP had filed the appeal against the order of Single Bench wherein notices had been issued to the Speaker of Rajasthan Assembly Secretary Assembly and six BSP MLAs, which was disposed of on Thursday.
The petition had been filed by Madan Dilawar of BJP and Satish Chandra Mishra of BSP, challenging the decision of the Speaker to allow merger of the BSP legislators in the ruling Congress party.
Dilwar has additionally pleaded in his petition that the six BSP MLAs have defected and should not be allowed to take part in the Assembly proceedings.
The order is a relief for BJP as it raises hopes that the matter could be decided before the special Assembly session scheduled to begin on August 14. There is also probability that a floor test could take place on the same day.
All six BSP MLAs elected in 2018 had joined Congress in 2019 and taken the tally if Congress to 107. This had helped ensure clear majority to the party. In a house of 200, a party requires 101 seats for majority.