MOHD SHAHID AKHLAW Vs. UNION OF INDIA

JUDGEMENT

(1.) THE main question involved in the writ petition is 'whether the petitioner has voluntarily given up membership of Bahujan Samaj Party' (BSP), the party on whose ticket he was elected as Member of Parliament (MP) and is disqualified under paragraph 2 (1) (a) of the Xth Schedule of the Constitution of India. .

(2.) THE general elections for the 14th Lok Sabha were held in the year 2004. The petitioner contested this election from Nauchandi, Meerut constituency on the ticket of BSP. He was successful and was declared MP from this constituency.

(3.) DURING his tenure as an MP, a meeting of Sri Mulayam Singh Yadav, the then Chief Minister of the State of UP, was held in Meerut on 16. 12. 2006. In this meeting the petitioner was also present on dias. He made some statements in his public speech. Sri Rajesh Verma-respondent no. 5, another BSP, MP filed a petition before the Speaker on 2. 4. 2007 for disqualifying the petitioner as an MP on the ground that he has voluntarily given up membership of BSP.