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SC issues notices in Mayawati's petition against UP speaker's ruling

The Supreme Court today issued notices on a special leave petition filed by former Uttar Pradesh chief minister Mayawati challenging the judgment of the speaker of the state assembly, who had dismissed her plea to disqualify the 19 legislators of the Bahujan Samaj Party who defected in October 1997 during the vote of confidence by the Kalyan Singh government.

Speaker Kesri Nath Tripathi, in his judgment dated March 23 this year, had recognised all the 19 MLAs as members of the Jan Tantrik Bahujan Samaj Party, giving rise to the present petition.

The notices, returnable by July 14, were issued to the former BSP legislators by a three-judge bench comprising Chief Justice M M Punchhi,.Justice K T Thomas and.Justice D P Wadhwa.

The petition seeks an order of the court setting aside the speaker's judgment and a declaration that the 19 legislators were disqualified under the 10th Schedule of the Constitution (anti-defection law).

It was contended in the petition that the speaker committed an error of law in holding that the whip issued by the leader of the BSP in the House was a direction issued by a person not authorised to issue such a whip under rule 2(1)(b) of the 10th Schedule.

UNI

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