The Supreme Court on Monday issued notice to the Centre and the Lok Sabha secretariat on a petition file by Mohammad Shahid Akhlaq, former BSP Member of Parliament, challenging his disqualification from the House by the Speaker under the anti-defection law.
Akhlaq, who was elected as an MP of the BSP from the Nauchandi Lok Sabha Constituency, Meerut was disqualified for having defected in December, 2006 to the Samajwadi Party headed by the then Chief Minister Mulayam Singh Yadav.
On the basis of the disqualification application filed by the BSP, the Speaker after conducting an inquiry through the committee of privileges, had disqualified Akhlaq under the anti-defection law on January 27, 2008.
The aggrieved MP, filed a writ petition in the Allahabad High Court challenging his disqualification but it was dismissed following which he appealed in the apex court.
In the apex court, the disqualified MP has argued that his disqualification was illegal and erroneous as there was no documentary or other admissible piece of evidence to substantiate the charge that he had defected to the Samajwadi Party.
According to him, the disqualification was allegedly based on newspaper reports and electronic media reports purportedly showing his meeting with the then Chief Minister Mulayam Singh Yadav during a public meeting when the latter visited the Nauchandi constituency.
The aggrieved MP has claimed that the media reports were distorted and the action of the Speaker by relying on the said media reports was illegal and erroneous and hence his disqualification should be set aside.