Mayawati case referred to
Constitution Bench
NEW DELHI, Oct 9 (PTI)
— Former Chief Minister Mayawati’s petition
seeking disqualification of 12 BSP MLAs, who had crossed
floor and voted for the Kalyan Singh Government last
year, will be decided by a Constitution Bench of the
Supreme Court to which the issue was referred today.
Outgoing Chief Justice
M.M. Punchhi, who was heading a three-Judge Bench,
referred the matter to a Constitution Bench in view of
the "sharply cleaving judgements" given by
other Judges of the Bench Justice K.T. Thomas and Justice
M. Srinivasan.
Saying that there were
several important issues involved while judicially
reviewing the ruling of Speaker Kesri Nath Tripathi who
had recognised the split in the BSP, Justice Punchhi
said, "These determinations of importance, in my
view, are necessary to be made before the matter can be
examined as to the perversity or otherwise of the
Speaker’s decision, obligating him at a point of
time to record categorically when the split took place
thereby pinning the time of such a split."
The Chief Justice said in
his three-page judgement, "I opine therefore that
the matter be referred to the Constitution Bench for
decision."
Justice Thomas in his
28-page judgement said, "I unhesitatingly hold that
the finding of the Speaker that a split arose in the BSP
on October 21, 1997 forming a group representing a
faction consisting of not less than one third of the
members of the legislative party of BSP is vitiated by
perversity."
However, giving a
diametrically opposite view, Justice Srinivasan in his
70-page judgement said the Speaker has found on the basis
of the records that Mayawati instructed the members of
the BSP to indulge in violence and disrupt the
proceedings in the Assembly on October 21 last year.
He said: "It is also
found (by the Speaker) that the allegations made by the
respondents that the members of the Janatantrik BSP
(JBSP) were kept under threat by Mayawati and prevented
from entering Lucknow.
"In view of such
finding, which is also supported by records, the
discretionary jurisdiction (of the Supreme Court) under
Article 136 of the Constitution should not be exercised
in favour of Mayawati," Justice Srinivasan said.
"For all above
reasons this appeal (by Mayawati) deserves to be and is
hereby dismissed," he concluded.
LUCKNOW: BSP leader
Mayawati said the Supreme Court’s referring to the
Constitution Bench her petition seeking disqualification
of 12 BSP MLAs who defied the party whip to vote for the
Kalyan Singh Government in Uttar Pradesh was a
"setback" for Assembly Speaker K.N. Tripathi.
However, Mr Tripathi claimed the apex court decision
showed there was prima facie no "constitutional
flaw" in his ruling recognising split in the BSP.
Ms Mayawati said the
decision meant the Supreme Court had taken her petition
"very seriously" but added "if the issue
was to have been referred to the full Bench, it would
have been better for the Chief Justice to have done so
earlier."
Ms Mayawati said the
referring of the case to the constitutional bench was a
"setback" to the Speaker and Chief Minister
Kalyan Singh and dared the latter to seek a fresh
mandate.
Mr Tripathi, on the other
hand, said: "You can not describe my verdict as
unreasonable because at least one judge has upheld
it."
"As all three judges
had not given collective judgement on referring the issue
to a Constitutional Bench, it can be interpreted in a
different manner," Mr Tripathi said adding "at
least the accusations of my being unreasonable and
arbitrary have been proved wrong if you go by
today’s judgement."
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