Rajasthan: CP Joshi moves Supreme Court against HC’s ‘intrusion into domain exclusively reserved for Speaker’

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Updated: Jul 30, 2020 11:17 AM

The Rajasthan High Court had on July 24 ordered maintenance of status quo on the disqualification notices issued to 19 dissident Congress MLAs, including sacked deputy CM Sachin Pilot.

Rajasthan Assembly Speaker CP Joshi move SC against High Court order. (File pic)

Rajasthan Assembly Speaker has moved the Supreme Court challenging the last week’s order of the High Court. The HC had on July 24 ordered maintenance of status quo on the disqualification notices issued to 19 dissident Congress MLAs, including sacked deputy CM Sachin Pilot.

The petition was filed through advocate Sunil Fernandes on Wednesday.

The Speaker said that the HC’s order is ‘ex-facie unconstitutional’ and is a ‘direct intrusion’ into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution.

“The High Court’s order is a direct interference in the proceedings of the House under the Tenth Schedule, which is prohibited under Article 212 of the Constitution,” the petition said.

“It is further submitted that the impugned order is completely non reasoned and does not reveal any reasons for passing the status quo order,” the plea added.

Speaker CP Joshi had on July 14 issued disqualification notices to Sachin Pilot and 18 dissident Congress MLAs after they revolted against Chief Minister Ashok Gehlot. Pilot was later sacked as the deputy CM and Congress’ state unit president.

The notices were issued after the ruling Congress approached the Speaker seeking their disqualification for defying a whip to attend two legislature party meetings. The Speaker then issued notices to them. The rebels then moved the High Court against the Speaker’s notices.

Meanwhile, Governor Kalraj Mishra on Wednesday night issued an order to convene a session of the Legislative Assembly from August 14. The Governor had earlier thrice rejected the state cabinet’s proposal to call a session. This was the fourth proposal that was accepted by the Governor on summoning a session.

The Congress has 107 MLAs including 19 rebels. The BJP has 72 MLAs.

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