Supreme Court to hear Rajasthan Speaker’s appeal on Thursday

By: |
July 23, 2020 1:00 AM

Terming the HC order as “illegal, perverse, and in derogation of the powers of the Speaker,” the Speaker in his appeal stated that the “judiciary was never expected” to intervene in such matters resulting in “constitutional impasse”.

The case will be heard by a Bench led by Justice Arun Mishra.The case will be heard by a Bench led by Justice Arun Mishra.

The Supreme Court will hear on Thursday Rajasthan Assembly speaker CP Joshi’s appeal against a high court order that restrained him till July 24 from deciding the disqualification notices he had issued to a group of 19 rebel MLAs led by sacked deputy chief minister Sachin Pilot. The HC had also restrained the Speaker from conducting disqualification proceedings against 19 dissidents.

The case will be heard by a Bench led by Justice Arun Mishra.

Terming the HC order as “illegal, perverse, and in derogation of the powers of the Speaker,” the Speaker in his appeal stated that the “judiciary was never expected” to intervene in such matters resulting in “constitutional impasse”.

Seeking an interim stay on the HC’s July 21 order, he further said that it was the apex court’s duty to ensure that all constitutional authorities exercise their jurisdiction within the boundaries and respect their “respective ‘lakshman rekha’ as envisaged by the Constitution itself.”

“The proceedings under the Tenth Schedule before the Speaker are proceedings of the legislature and as such cannot interfered with as repeatedly held by the SC as envisaged under Article 212 read with para 6(2) of the Tenth Schedule,” the Speaker said in his petition.

The petition, which has been settled by senior lawyers Kapil Sibal and Vivek Tankha, said that the Speaker was the designated constitutional person to deal with the disqualification plea against 19 MLAs and the HC should not have intervened.

Joshi said that the high court order violated the SC’s five-judge Constitution Bench judgment of 1992 in the Kihoto Hollohan case where it was held that courts cannot interdict the Speaker from proceeding ahead at the quia timet stage (apprehension of injunction).

Later in the day, Pilot also filed a caveat in the Supreme Court to ensure that no orders are passed on Joshi’s petition until the camp of dissident MLAs are heard out.

The Speaker had served disqualification notices to 19 rebel MLAs including Sachin Pilot for “anti-party activities” after they skipped two meetings of Congress MLAs. The Congress party had complained and had accused the rebel lawmaker of trying to topple the Ashok Gehlot government. Pilot was also sacked as deputy chief minister and the president of the state unit of the party after he rebelled against the Chief Minister.

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