Challenge Against BSP-Congress Merger : Rajasthan HC Asks District Judge, Jaisalmer To Ensure Service Of Notice To BSP MLAs

The Rajasthan High Court on Thursday directed the District Judge, Jaisalmer to give necessary assistance to ensure service of notice before August 8 on 6 BSP MLAs in the petitions challenging the merger of the state unit of BSP with Congress party.

A division bench comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta added that the District Judge can seek the assistance of Superintendent of Police, Jaisalmer for effecting service on the MLAs who are said to be residing in Jaisalmer.

The Court also directed the petitioners - BJP MLA Madan Dilawar and Bahujan Samaj Party (BSP) - to publish the notice in the daily newspaper "Rajasthan Patrika", Barmer-Jaisalmer edition.

The division bench was considering the appeals filed by Dilwar and BSP against the single bench refusing to stay the Speaker's order passed in September 2019 allowing the merger of BSP with Congress. Senior Advocates SC Mishra and Harish Salve, appearing for BSP and Dilwar respectively, submitted that the MLAs were evading service by staying out of their official residences and are learnt to be residing at a hotel in Jaisalmer. 

They sought for a direction to serve notice through the Speaker or the Secretariat.

Senior Advocate Kapil Sibal, appearing for the Speaker, opposed the maintainability of the petition and said that the Court cannot direct the service of notice through the Speaker.

The division bench disposed of the appeals, with the above directions, and remitted the matter to the Single Bench without expressing anything on the merits.

The single bench is slated to consider the matter on August 11.

According to the BSP,  the merger is unconstitutional because the party did not merge with the Congress either at the national level or state level.

The case assumes significance as the National General Secretary of BSP has issued a whip to its MLAs asking them to vote against Congress in the event of a confidence motion being moved in the Assembly.

The Governor has summoned the assembly session on August 14, after showing much reluctance to the demand of Chief Minister Ashok Gehlot to convene the session immediately.