- (1.) The writ petition no.8056/2020 has been filed by the Bahujan Samaj Party (for short-'the BSP') with the following prayers: "I. To quash the impugned order dated 18.09.2019 passed by the Hon'ble Speaker, Respondent No.1 as contained in Annexure No.1 to this writ petition. II. Disqualify Respondent Nos.3 to 8 from being the member of Rajasthan State Legislative Assembly under Paragraph 2(1) (a) of the Tenth Schedule of the Constitution of India for having voluntarily given up the membership of Bahujan Samaj Party and for having defected to Indian National Congress Party; and III. Pass such other Orders as may be considered just and proper in the facts and circumstances of the case."
(2.) The writ petition no.8004/2020 has been preferred by Shri Madan Dilawar, a Member of Rajasthan Legislative Assembly with the following prayers: "A. Issue of writ of certiorari or any appropriate writ, order or direction setting aside the order dated 22.07.2020 (served on the petitioner 28.07.2020) passed by the Respondent No.1; B. Set aside the order dated 18.09.2019 passed by the Respondent No.1 has accepting the so-called merger of the Bahujan Samaj Party into the Congress and allowed them to become Members of the Indian National Congress; C. Call for records pertaining to the petition dated 16th March, 2020 filed by the petitioner under 10th Schedule of the Constitution of India, praying for Disqualification of the Respondents No.2 to 7 from the Membership of the Rajasthan Vidhan Sabha w.e.f. 16-09-2019 and decide the same exercising powers under Article 226 of the Constitution of India; D. Issue a Writ of Mandamus or any other such writ as this Hon'ble Court may deem fit disqualifying Respondent(s) No.2 to 7 from the Membership of the Rajasthan Vidhan Sabha w.e.f. 16.09.2019. E. Pass any other order deemed fit in the interest of justice and equity."
(3.) Although the prayers in these writ petitions are worded differently; but, in essence, they seek to quash the order dated 18.9.2019 passed by the respondent no.1, the Speaker with a declaration that 6 MLAs of BSP, the respondents herein, stand disqualified with effect from 16.9.2019. In the writ petition no.8004/2020, there is an additional prayer to set aside the order dated 22.7.2020 passed by the respondent no.1.;