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2022 DIGILAW 1851 (RAJ)

Hemant Nahta v. The Honble Speaker

2022-06-09

PANKAJ BHANDARI, UMA SHANKER VYAS

body2022
ORDER 1. Application for early listing is allowed and the matter is taken upon an application (01/2022) filed by the petitioner praying for interim relief that the results of the ensuing Rajya Sabha Elections be not declared till the disposal of the present writ petition. 2. We have heard the petitioner in person at length and perused the record. 3. From perusal of the record, it is evident that the petitioner has presented this PIL on 04.08.2020 and the petition has not been admitted till date as adjournment was sought time and again by the petitioner in person. On which, petitioner contends that he was hoping that the Speaker would pass an order and therefore, there was delay on his part. 4. It is evident that the matter pertains to disqualification of six Bahujan Samaj Party MLAs who were considered as Members of the INC. The order passed by the Speaker was challenged by Bahujan Samaj Party and Madan Dilawar, a sitting MLA of Bharatiya Janta Party by filing Civil Writ Petition Nos.8056/2020 and 8004/2020. The said writ petitions were disposed by the learned Single Judge on 24.08.2020. It is informed by the petitioner that the order has been challenged before the Apex Court. 5. Admittedly the order by which the members belonging to Bahujan Samaj Party were considered as members belonging to INC was passed by the Speaker on 18.09.2019, the matter pertaining to disqualification of the six MLAs who originally were elected as Members of Bahujan Samaj Party and were later on considered as Members of the INC, is now pending before the Apex Court and there is no interim order passed by the Apex Court. 6. In the present PIL filed by the petitioner, even notices have not been issued to the other side. It is also evident that during the pendency of the present PIL, elections to the Rajya Sabha were held and Members were elected to the Rajya Sabha. Petitioner at that time also did not press for any interim relief. Hence, we are not inclined to entertain the present application for interim relief as the election process has already been commenced and election is scheduled to take place tomorrow. 7. Application (01/2022) is accordingly, dismissed.