A plea has been moved within the Supreme Court against the Rajasthan state supreme court order, refusing to remain the declaration of the Rajya Sabha election result till a call is taken on a plea in reference to disqualification of six state MLAs.
Counsel mentioned the matter before a vacation bench of Justices M.R. Shah and Aniruddha Bose, requesting the court to list the matter urgently, because it is connected with the Rajya Sabha election, and added that plea is against the supreme court order.
The bench asked the counsel to say the plea before the justice N.V. Ramana for listing. The bench added: "Also, speak to the registry. We cannot list it like this."
The six MLAs were initially with the BSP, but later switched to the Congress. The Assembly Speaker declared them as members of the Congress.
In 2020, a petition was filed before the court challenging the Speaker's decision and to disqualify the six MLAs for defection, but remains pending.
The plea moved before the highest court sought a direction to the commission to contemplate the MLAs as of the BSP, rather than Congress, within the scheduled Rajya Sabha election, contending that the Speaker's decision was in violation of the provisions of the Constitution, and added that if the votes of those MLAs are considered within the election, then it'll against the principle of fair election.
The supreme court said it's not not inclined to entertain the interim application because the election process has already commenced and also the election is scheduled for Friday.