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Uttar Pradesh : High Court deals a blow to Mulayam |
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The politics of Uttar Pradesh is again in a flux with the Lucknow Bench of the Allahabad High Court setting aside the split in the Bahujan Samaj Party, whose 40 rebel MLAs support the Samajwadi Party Government of Mulayam Singh Yadav. The Chief Minister sought to undo the damage on Tuesday itself, when the judgement was delivered, by winning a vote of confidence in the State Assembly without the Opposition’s presence.
In an order with adverse ramifications for the government, a three-member bench in a 2-1 verdict, held that former Speaker Kesri Nath Tripathi’s ruling validating the split in BSP in 2003 was given in “undue haste and in violation of the principles of natural justice.”
Chief Justice A.N. Ray, who dictated the order first, dismissed BSP’s petition seeking disqualification of 13 of its deserting MLAs and upheld the order of the then Speaker Tripathi to recognise the breakaway group.
However, Justice Jagdish Bhalla, in his order, which was concurred by Justice Pradeep Kant, held that the Speaker had given the order in undue haste and in violation of the principles of natural justice. He observed that the Speaker did not give adequate time to the petitioner to be heard properly and pronounced his decision in haste.
The court held that the Speaker should decide the whole matter pertaining to the split in the BSP Legislature Party, formation of a new outfit, granting it recognition and their disqualification in the light of the order.
The bench also quashed present Speaker Mata Prasad Pandey’s order dismissing BSP’s petition seeking disqualification of its 13 deserting MLAs.
Forty BSP MLAs deserted the party and formed a new outfit at the time of formation of the Mulayam Singh Yadav Government. The breakaway group later merged with the SP and Tripathi recognised the split and the subsequent merger.
Speaker props up Mulayam Government
Both the Congress and the Bahujan Samaj Party demanded the Mulayam Singh Yadav Government’s resignation after the High Court verdict. But in a new twist to the fast changing political scenario in the state, Speaker Mata Prasad Pandey on the night of March 1, virtually recognised the rebel BSP MLAs supporting the Yadav Government as an independent group and said that those leaving the pack would attract provisions of the Anti-Defection Law. The Speaker’s decision announced at a hurriedly called news conference in Lucknow came significantly after three members of the Mulayam Singh Yadav Ministry quit along with another MLA, saying that the High Court verdict had reverted them to the BSP.
The Speaker said the court had only derecognised the split. “The application for granting recognition to the outfit is still pending and has to be decided by the Speaker as directed by the court.”
Pandey said his decision was not on the split or merger of the rebel outfit with any party, but only an interim arrangement till the disposal of the entire matter.
Asked whether action could be taken against the four MLAs, including the three Ministers, the Speaker said the provisions of the anti-defection law would apply if there was defection.
Both BSP leader Mayawati and the BJP have demanded dismissal of the Mulayam Singh Yadav Government and imposition of central rule in Uttar Pradesh. Mayawati met UP Governor T.V. Rajeswar on Thursday, March 2, and requested him to initiate the process for the dismissal of the Mulayam Singh Yadav Government to end the political crisis in the state. BJP president Rajnath Singh, speaking to reporters in Lucknow on March 3, demanded immediate imposition of President’s Rule in the state. He said that the state had plunged into political crisis after the High Court verdict.
On its part, the Samajwadi Party leadership asserted that there was no threat to the Government. Party general secretary Shiv Pal Singh said in Lucknow, “We have already paraded 29 MLAs from the group of 40 before the media besides claiming support of 33 MLAs and the others have expressed their willingness to come back to the party’s fold.”
Observers say that there is not much chance of the Central Government acting on the demand for imposition of President’s rule in Uttar Pradesh. The Centre would like the power play in the state to run its course.
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