New Delhi: A plea has been moved in the Supreme Court against the Rajasthan High Court order, refusing to stay the declaration of the Rajya Sabha election result till a decision is taken on a plea in connection with disqualification of six state MLAs.
Counsel mentioned the matter before a vacation bench of Justices M.R. Shah and Aniruddha Bose, requesting the court to list the matter urgently, as it is connected with the Rajya Sabha election, and added that plea is against the high court order.
The bench asked the counsel to mention the plea before the Chief Justice N.V. Ramana for listing. The bench added: “Also, speak to the registry. We cannot list it like this.”
The six MLAs were initially with the BSP, but later switched to the Congress. The Assembly Speaker declared them as members of the Congress.
In 2020, a petition was filed before the high court challenging the Speaker’s decision and to disqualify the six MLAs for defection, but is still pending.
The plea moved before the top court sought a direction to the Election Commission to consider the MLAs as of the BSP, instead of Congress, in the scheduled Rajya Sabha election, contending that the Speaker’s decision was in violation of the provisions of the Constitution, and added that if the votes of these MLAs are considered in the election, then it will against the principle of fair election.
The high court said it is not not inclined to entertain the interim application as the election process has already commenced and the election is scheduled for Friday.