SHRI KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present special appeal is directed against the order dated 18.12.2009 passed by the learned Single Judge in S.B. Civil Writ Petition No. 13042/2009, whereby the writ petition has been dismissed.

(2.) Brief facts giving rise to the present appeal are that six members (respondent Nos. 4 to 9 herein) of the 13th House of Rajasthan Assembly who were elected on the ticket and symbol of Bahujan Samaj Party (for short 'the BSP), passed a resolution on 04.04.2009 stating that they have merged the BSP into Indian National Congress (In Rajasthan Legislative Assembly) in terms of sub paragraph (1)(a) and 2 of paragraph (4) of Schedule X of the Constitution of India. Thereafter the aforesaid six MLAs filed an application dated 04.04.2009 before the Hon'ble Speaker, Rajasthan Vidhansabha along with said resolution claiming merger of the BSP into Indian National Congress (In Rajasthan Legislative Assembly) supported by their individual affidavits.

(3.) Hon'ble the Speaker passed an order dated 09.04.2009 exercising his jurisdiction in terms of Schedule X and thereby accepted the aforesaid claim of the six BSP MLAs and allowed them to merge into Indian National Congress (In Rajasthan Legislative Assembly) with the stipulation that they may now be treated as members of Indian National Congress.