Tripathi was caught in a fix after counsel for the dissidents questioned the maintainability of the petition."Whatever the dissident legislators said or did was outside the precincts of the state assembly, so they cannot be charged under the anti-defection law," argued I B Singh and Rajeshwar Rao, senior Supreme Court lawyers.
They were of the view that even if the act of the 10 legislators [of opposing the BJP's continuance in the coalition led by Chief Minister Mayawati] amounted to indiscipline, it could not fall under the anti-defection law.
Representing the party leadership was Sat Pal Jain, Chandigarh-based counsel and former BJP legislator, who was of the view that the act committed by the dissidents was enough to disqualify them from membership of the state assembly.
He cited the strikingly similar case of Ravi Naik in Goa who was disqualified for committing acts of indiscipline outside the assembly.
Jain's reference to the dissidents as "traitors" evoked a sharp response. Prolonged arguments that continued for over five hours eventually led the speaker to reserve his order.
