SC refuses to stay Rajasthan speaker's plea against HC order in Sachin Pilot case2 min read . Updated: 23 Jul 2020, 02:18 PM IST
- Rajasthan Assembly Speaker C P Joshi Wednesday moved the Supreme Court against the high court directive
- The apex court bench headed by Justice Arun Mishra said that it will hear the plea on 27 July, as the issues require a lengthy hearing
The Supreme court on Thursday refused to stay the Rajasthan High Court order, which directed the Legislative Assembly’s Speaker to defer disqualification proceedings against Sachin Pilot and 18 other dissident Congress MLAs.
Rajasthan Assembly Speaker C P Joshi yesterday moved the Supreme Court against the high court directive.
On 21 July, the Rajasthan High Court said that it will pronounce its verdict on a petition filed by Pilot and 18 other MLAs, challenging the disqualification notices on 24 July. The HC also directed the Speaker to defer the disqualification proceedings till then.
Senior Advocate, Kapil Sibal appearing for Speaker CP Joshi, argued against the protective order of the Rajasthan High Court while citing the Kihoto Hollohan versus Zachillhu case, of 1992, wherein a constitution bench of the apex court had said that a judicial review “will not be available at a stage prior to a decision by the Speaker or chairman"
“Till the decision of the Speaker, there can't be any interdiction," said Sibal. He also argued for the stay of the proceedings in the High court arguing that the Supreme court should look into the maintainability of the order passed by the lower court.
Senior Advocate Harish Salve appearing for Pilot and rebel MLAs argued that the issues of jurisdiction and maintainability of the Speaker’s order and the court have been argued before and questioned that why High court should not decide the issue now.
The apex court bench headed by Justice Arun Mishra held that the Speaker’s plea against the Rajasthan high court’s order will now be heard on 27 July, as the issues require a lengthy hearing.
Post hearing the arguments of Sibal, Justice Mishra remarked, “In this case, it seems party members cannot raise their own voice against their own party. Voice of dissent cannot be suppressed in a democracy They has all been elected by the people. Can they not express their dissent?"
The bench however clarified that the high court should pass its judgement but the judgement will be subject to the outcome of the Supreme court order finally.
“These are important questions relating to democracy. How will the democracy function? These are very serious issues. We want to hear it." said Justice Mishra
On 14 July, the Congress party dropped Pilot from the Rajasthan Cabinet and also removed him from the post of party's state unit head. The move followed Pilot skipping a party meeting, the second in two days.
The ruling congress party in the state had sought the disqualification of the members on the ground of their “anti-party activities" It has been alleged that the MLAs deliberately absented themselves from the Congress legislature party meeting held on 13 and 14 July.
The rebel MLAs have argued before the High court that the notice issued under the provisions of the constitution are bad in law and should be quashed. Further they have not been given sufficient time to give reply to the notice, said the MLAs.