AJOY NATH RAY, J. - (1.) 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 his 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, coincidcntally again in the month of September, we should mention how this matter came to be heard by this Full Bench instead of the ordinary Division Bench consisting of two Hon'ble Judges, who would, in the usual course of litigation, be hearing it.
(2.) THE petition of September, 2003 complaining against the floor-crossing was presented indeed before a Division Bench of two Hon'ble Judges by the BSP. It was heard from time to time and an amendment application was also made, seeking to challenge a certain order passed in September, 2005. In the month of November, 2005, the matters were being heard before one of us (Hon'ble Mr. Justice Jagdish Bhalla, Senior Judge, Lucknow Bench) and Hon'ble Mr. M.A. Khan, who was one of our sitting brothers then in November, 2005, but who has since retired. It so happened that on the 22.11.2005 after conclusion of some arguments on the amendment petition, Hon'ble M.A. Khan produced the judgment on the amendment application whereby his Lordship, apparently, had passed a final opinion on the application. Thereafter his Lordship produced another judgment on the substance of the writ petition and his Lordship's opinion there also, apparently, was final. Brother Bhalla, J. was a little taken by surprise as there had been no prior discussion and as such was put in a position where his Lordship felt that the matter not being considered fully by him or jointly, any question of agreementAvith the two judgments or any of those did not arise on that day then and there.
(3.) THE result simply was that there was no agreement in the Division Bench. Brother M.A. Khan was thereafter admitted into a Lucknow hospital for check-up.;