SC to hear BSP-turned-Congress MLAs' transfer plea & BJP MLA's SLP together on August 11

In an important development on Monday, the Supreme Court announced that it would take up for hearing the transfer petition of the BSP-turned-Congress MLAs and BJP MLA Madan Dilawar's petition together on August 11. An SC bench headed by Justice Arun Mishra was hearing the Special Leave Petition filed by Dilawar challenging the Rajasthan High Court's August 6 order which refused to stay the merger of the 6 BSP MLAs with Congress. On August 6, a division bench of Rajasthan HC comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta directed the single-judge bench to decide on granting an immediate stay on the merger of 6 BSP MLAs with Congress on Tuesday. The 6 MLAs in question on August 8 filed a petition seeking the transfer of the disqualification case to the apex court.

Read: Ashok Gehlot Tells MLAs To 'stand With The Truth' Ahead Of Rajasthan Assembly Session

Details of hearing

Appearing for Dilawar, senior advocate Harish Salve apprised the SC about the background of the case. Mentioning that Assembly Speaker had accepted the merger of the BSP MLAs on September 18, 2019, he informed the bench that his client's disqualification petition was dismissed by the Speaker on technical grounds. Thereafter, he pointed out that BSP itself has clarified that it has not been merged with the Congress party.

According to him, the 6 BSP-turned-Congress MLAs would try to stall the proceedings in the Rajasthan HC citing the pendency of the transfer petition before the SC. Therefore, he requested the bench to list both this matter and the transfer petition together on Tuesday or Wednesday. As the opposition is likely to demand a floor test when the Assembly session commences on August 14, the fate of the 6 BSP-turned-Congress MLAs is crucial for the survival of the Gehlot-led government. 

Read: Ashok Gehlot Claims Support From People Of Rajasthan, Hopes For Return Of Pilot Camp MLAs

Mayawati cries foul

In September 2019, 6 BSP MLAs- Sandeep Yadav, Wajib Ali, Deepchand Kheria, Lakhan Meena, Jogendra Awana, and Rajendra Gudha joined Congress. But the BSP national leadership cried foul over this development. On July 28, former Uttar Pradesh CM Mayawati lamented that the Rajasthan CM had acted with a "malicious intent" despite BSP's unconditional support to the Congress government after the 2018 Assembly polls.

She recalled that Gehlot had facilitated the entry of BSP MLAs into Congress during his previous tenure as the CM as well. The BSP chief warned that the 6 MLAs could be disqualified for violating the whip to vote against the Congress party. Furthermore, she contended that Gehlot and Congress shall be responsible if the Rajasthan government is reduced to a minority. 

Read: Rajasthan Truce On Cards? Rahul Gandhi & Sachin Pilot In Frame For A Meeting: Sources