The Supreme Court on Friday permitted Uttar Pradesh assembly Speaker to go ahead with the proceedings on a petition seeking disqualification of five legislators who had returned to the Bahujan Samajwadi Party after the Allahabad High Court had quashed the merger of their party with the Samajwadi Party.
However, a bench comprising Justice K G Balakrishnan and Justice D K Jain made it clear that the decision of the Speaker would be subject to the outcome of the petition filed by the legislators, challenging the plea of the Loktantrik Bahujan Dal (LBD) before the Speaker to disqualify them.
The court posted the matter for final disposal on July 18. The five legislators -- Surendra Vikram Singh, Jayvir Singh, Ram Krishna, Dharampal and Ramji Shukla -- had switched from LBD after the February 28 verdict of the High Court and rejoined the BSP.
The high court had directed the Speaker to decide afresh the disqualification issue of the 40 breakaway BSP legislators, who had formed the separate political party and subsequently merged with the Samajwadi Party. However, on March 24, the apex court, while referring the matter before the Constitution Bench, had said the breakaway legislators of the BSP would continue to be a separate group in the House.
After this order, LBD's chief whip Y P Singh filed a petition before the Uttar Pradesh assembly Speaker seeking disqualification of these five legislators for defection.