The Supreme Court on Friday refused an early hearing on a petition against the Rajasthan High Court order refusing to stay the declaration of the Rajya Sabha election result till a decision is taken on a plea in connection with the disqualification of six state MLAs.

A vacation bench of Justices M.R. Shah and Aniruddha Bose said the plea will be heard after the response of the Chief Justice.

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“We have no difficulty. We inquired from the registry about the plea. They have communicated the same to the Chief Justice, but have not received any reply. If the CJI consents, we will hear, please wait..” said the bench.

The plea has been moved in the apex court against the Rajasthan High Court order refusing to stay the declaration of the Rajya Sabha election result till a decision is taken on a plea in connection with the disqualification of six MLAs.

The six MLAs were initially with the BSP but later switched to Congress. The Assembly Speaker declared them members of Congress.

In 2020, a petition was filed before the High Court challenging the Speaker’s decision to disqualify the six MLAs for defection but is still pending.

The plea moved before the top court sought a direction to the Election Commission to consider the MLAs as of the BSP, instead of Congress, in the scheduled Rajya Sabha election, contending that the Speaker’s decision was in violation of the provisions of the Constitution, and added that if the votes of these MLAs are considered in the election, then it will against the principle of a fair election.

The high court said it is not inclined to entertain the interim application as the election process has already commenced and the election is scheduled for Friday.