RAJENDRA SINGH RANA Vs. SWAMI PRASAD MAURYA

JUDGEMENT

(1.) Leave granted.

(2.) The elections for the Constitution Of India, 1950 of the 14th Legislative Assembly of the State of Uttar Pradesh were held in February 2002. Since, none of the political parties secured the requisite majority, a coalition Government was formed, headed by Ms. Mayawati, leader of the Bahujan Samaj Party (hereinafter referred to as, 'B.S.P.'). B.S.P was admittedly a recognised national party. The ministry was formed in May, 2002. On 25.8.2003, the cabinet is said to have taken a unanimous decision for recommending the dissolution of the Assembly. Based on it, on 26.8.2003, Ms. Mayawati submitted the resignation of her cabinet. Apparently, after the cabinet decision to recommend the dissolution of the Assembly and before Ms. Mayawati cabinet actually resigned, the leader of the Samajwadi Party staked his claim before the Governor for forming a Government. On 27.8.2003, 13 Members of the Legislative Assembly (hereinafter referred to as, 'M.L.As.') elected to the Assembly on tickets of B.S.P., met the Governor and requested him to invite the leader of the Samajwadi Party to form the Government. Originally, 8 M.L.As. had met the Governor and 5 others joined them later in the day, making up the 13.

(3.) The Governor did not accept the recommendation of Mayawati cabinet for dissolution of the Assembly. On 29.8.2003, the Governor invited the leader of the Samajwadi Party, Mr. Mulayam Singh Yadav to form the Government and gave him a time of two weeks to prove his majority in the Assembly. On 4.9.2003, Mr. Swami Prasad Maurya, leader of the Legislature B.S.P filed a petition before the Speaker in terms of Article 191 read with the Tenth Schedule to the Constitution Of India, 1950, praying that the 13 B.S.P. M.L.As. who had proclaimed support to Mulayam Singh Yadav before the Governor on 27.8.2003, be disqualified in terms of paragraph 2 of the Tenth Schedule to the Constitution on the basis that they had voluntarily given up their membership of B.S.P., their original political party. On 05.09.2003, a caveat was also filed on behalf of the B.S.P. before the Speaker of the Legislative Assembly requesting the Speaker to hear the representative of B.S.P. in case any claim of split is made by the members who had left the Party. On 06.09.2003, a request was made by 37 M.L.As., said to be on behalf of 40 M.L.As. elected on B.S.P. tickets, requesting the Speaker to recognise a split in B.S.P. on the basis that one third of the Members of the B.S.P. legislature party consisting of 109 legislators, had in a body separated from the Party pursuant to a meeting held in the M.L.A.'s hostel, Darulshafa, Lucknow on 26.8.2003. The Speaker took up the said application for recognition of a split, the same evening. He verified that the 37 Members who had signed the application presented to him had in fact signed it since they were physically present before him. Overruling the objections of Maurya, the leader of the legislature B.S.P., the Speaker passed an order accepting the split in B.S.P. on the arithmetic that 37 out of 109 comprises one third of the Members of the legislature Party. This group came to be known as the Lok Tantrik Bahujan Dal. But, the said Dal was short lived. For, the Speaker, a little later, on 6.9.2003 itself, accepted that the said Dal had merged with the Samajwadi Party. It is relevant to note that in the order dated 6.9.2003, the Speaker did not decide the application made by B.S.P. seeking disqualification of 13 of its M.L.As. who were part of the 37 that appeared before the Speaker and postponed the decision on that application. It appears that on 8.9.2003, three more M.L.As. appeared before the Speaker stating that they supported the 37 M.L.As. who had appeared before him on 6.9.2003 and were part of that group. The Speaker accepted their claim as well.