The Hindu : Front Page : Constitution Bench to hear Uttar Pradesh MLAs case

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Thursday, Aug 24, 2006

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Constitution Bench to hear Uttar Pradesh MLAs case

Legal Correspondent

NEW DELHI: The Supreme Court on Wednesday referred to a five-Judge Constitution Bench a batch of special leave petitions filed by Uttar Pradesh MLAs against a judgment of the Allahabad High Court quashing orders passed by the Assembly Speaker recognising the merger of Loktantrik Bahujan Dal party with the Samajwadi Party.

The Supreme Court in March had directed the 37 MLAs to sit as a separate group till the matter was disposed of. Five MLAs who resigned from the State Council of Ministrs and posts of chairmen of various boards (subsequent to the High Court order) were disqualified by the Speaker. They also moved the Supreme Court against the Speaker's order.

Considering the fact that questions of public importance were involved in these appeals, a three-judge Bench of Justice K.G. Balakrishnan, Justice P.P. Naolekar and Justice D.K. Jain referred the matter to Chief Justice Y.K. Sabharwal for posting it before a five-judge Constitution Bench in the third week of September. The Bench, however, directed listing of the petitions of five MLAs who were disqualified by the Speaker for hearing on August 28.

The Court had already permitted 32 MLAs of the breakaway group to exist as an independent group as per the Speaker's order dated September 6, 2003, to preserve their political status in the Assembly.

Initially the strength of the breakaway group was only 13 and the BSP filed a petition before the Speaker seeking their disqualification but he kept the entire issue pending till the strength of the breakaway group went up to 37.

Thereafter, the Speaker passed two orders recognising the breakaway group as Loktantrik Bahujan Dal and also their merger in the Samajwadi Party on the same day. The High Court quashed these orders and the SLPs are directed against this judgment.

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