AJOY NATH RAY, JAGDISH BHALLA, PRADEEP KANT
SWAMI PRASAD MAURYA – Appellant
Versus
SPEAKER, LEGISLATIVE ASSEMBLY, UTTAR PRADESH – Respondent
Hon’ble Ajoy Nath Ray, CJ.—This is a matter concerning the 10th Schedule of the Constitution, i.e. floor crossing. Sometime back, in this State of Uttar Pradesh, in the beginning of the month of September, 2003, some 40 members, who had been elected with party tickets of the Bahujan Samaj Party (BSP), according to their allegation, split from that party and formed a separate party called the ‘Loktantrik Bahujan Dal’. Closely following that decision, there was a further decision taken by them that they would merge as Loktantrik Bahujan Dal into the Samajwadi Party, headed at that time and also today in the Assembly by Sri Mulayam Singh Yadav. As a result of this floor crossing, a serious change in the Government took place. Km. Mayawati, who was the Chief Minister prior thereto, lost her position as such, and after this political change Sri Mulayam Singh Yadav came to assume the office of the Chief Minister, which he still holds. Before we give the short facts and a few important and relevant dates concerning the events, which took place in 2003 and thereafter in 2005, coincidentally again in the month of September, we should mention how this matter came to be heard by this
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