In a ruling which may not impact the stability of the Mulayam Singh government in Uttar Pradesh but sets a new benchmark in judging party-hopping in coalition politics, the Supreme Court today disqualified 13 MLAs who broke away from the BSP to support the ruling SP-led coalition. The issue of 24 other BSP MLAs, who too crossed over, has been referred back to the state Speaker. In an unanimous decision, a five-judge Constitution Bench — headed by Chief Justice K G Balakrishnan, it also comprised Justices H K Sema, A R Lakshmanan, P K Balasubramanyan and D K Jain — dismissed the appeal by 37 breakaway BSP MLAs against an order of the Allahabad High Court which quashed the decision of then Speaker Kesrinath Tripathi who had recognised them as a separate group in the Assembly and later upheld their merger with the SP.Noting that defections had assumed “menacing proportions, undermining the very basis of democracy”, the Bench ruled that 13 BSP members who met the Governor on August 27, 2003 “stand disqualified” in terms of Article 191(2) of the Constitution read with the Tenth Schedule.“The very giving of a letter to the Governor, requesting him to call the leader of the opposition party to form a Government by them, itself would amount to their voluntarily giving up the membership of their original political party within the meaning of paragraph 2 of the Tenth Schedule,” the Bench said. On 24 other BSP MLAs who also broke away, the Bench said even the split involving them in the original political party was not established. “On the materials, the only possible inference in the circumstances of the case, is that it has not been proved, even prime facie by the MLAs sought to be disqualified, that there was any split in the political party. In fact, even a split involving 37 MLAs on August 26, 2003 is not established,” the Bench said. “We have no doubt the Speaker had totally misdirected himself in purporting to answer the claim of the 37 MLAs that there has been a split in the party (BSP) even while leaving open the question of disqualification raised before him by way of an application that was already pending before him.” “This failure on the part of the Speaker to decide the application seeking a disqualification cannot be said to be merely in the realm of procedure. It goes against the very Constitutional scheme of adjudication contemplated by 10th Schedule read in the context of Article 102 and 191 of the Constitution,” the Bench said. In his petition to the Supreme Court, BSP leader Swami Prasad Maurya had sought disqualification of the 13 MLAs who had first met the UP Governor to inform him that they were leaving the party. These MLAs had later formed the Loktantrik Bahujan Samajwadi Party to give the SP-led coalition the required numbers.The verdict comes at a time when the state’s gearing for Assembly polls.In Lucknow, Mulayam Singh remained unfazed, maintaining that he still enjoyed majority in the Assembly and could prove it if the Opposition pressed for it. “We will not not seek a trial of strength on our own. But if the Opposition wants, we are ready to prove it on the floor of the House,” he told a press conference after the apex court verdict. He said though he respected the SC judgment, there was no threat to his government because he still enjoyed the support of 210 members in a House of 402.Calling the verdict a “victory” for the BSP, party spokesperson Sudhir Goel said: “Mulayam Singh’s government is unconstitutional because it was these 37 MLAs who had propped it up. Now 13 have been disqualified, the other 24 have not been recognised as a separate group. The Governor should use his constitutional authority and sack Mulayam Singh’s government.”Won’t affect govt, says Mulayam; others say he must go • MULAYAM SINGH: Will not make any difference to the health of the govt. We had proved our majority. ready to prove it again if the Oppn desires• CONGRESS: He (Mulayam) has no moral right to continue. defeated legally, morally, politically and ethically• BJP: Verdict is judicial seal on the unconstitutionality of the SP govt. We demand President’s rule. Assembly elections must be held under Central rule
