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Supreme Court rejects BSP petition
September 08, 2003 13:55 IST
The Supreme Court on Monday dismissed a public interest litigation, filed by the Bahujan Samaj Party, challenging Uttar Pradesh Governor Vishnukant Shastri's decision to invite Samajwadi Party leader Mulayam Singh Yadav to form government without considering Mayawati's recommendation for dissolution of the assembly.
A bench comprising Justice S Rajendra Babu and Justice G P Mathur said, "We do not think it is a matter we should examine. Therefore, we dismiss the petition."
The bench added, "Dismissal of the petition by us is neither approval of the governor's action nor the disapproval of the governor's action."
The court dismissed the petition filed by BSP parliamentary party Rashid Alvi without even hearing the counsel for the respondents.
Arguing for the BSP, senior advocate Rajiv Dhawan said Mayawati had recommended dissolution of the House while enjoying majority support and the governor, under the Constitution, was bound to accept the same.
He argued that the recommendation was made to stop "rampant horse trading and large-scale abuse of anti-defection law".
Dhawan said, "Democracy cannot be bought and sold this way and the governor appears to have permitted it.
"The dissolution power is an ultimate safety valve to stop buying and selling of MLAs to unsettle a majority government."
The bench asked why Mayawati had resigned if she enjoyed the support of the majority.
Without answering the counsel said, "There should be some conduct for governors to deal with such kind of situation and in the absence of which the horse trading is being encouraged."