Rajasthan Assembly Speaker CP Joshi on Monday withdrew his plea before the Supreme Court (SC) that had challenged the Rajasthan high court’s (HC) July 21 order of directing him to defer action on the disqualification notice against 19 dissident Congress lawmakers, including sacked deputy chief minister Sachin Pilot.
Senior counsel Kapil Sibal, appearing for Joshi told the three-judge bench, headed by Justice Arun Mishra and also included Justices BR Gavai and Krishna Murari, that the HC on July 24 had passed a detailed order staying action by Speaker Joshi against the dissident members of the Rajasthan legislative assembly (MLAs) and setting out legal issues, which it was proposing to consider.
Consequently, the plea before the apex court against the July 21 order has become infructuous, he submitted.
“So, kindly permit us to withdraw this plea”, Sibal said. The bench allowed the prayer.
Earlier on July 23, the SC had declined a stay on the HC proceedings while stating that it would examine the larger issue of whether or not HC has the jurisdiction to interfere with disqualification proceedings initiated by Speaker Joshi.
Pilot and 18 Congress MLAs had moved the Rajasthan HC on July 15 challenging the disqualification notice issued to them by Speaker Joshi a day earlier.
The plea also challenged the Constitutional validity of clause 2(1)(a) of the Tenth Schedule of the Constitution, which provides for disqualification of legislators for “voluntarily giving up” party membership.
Joshi’s notice stated that the MLAs were being asked for show-cause under clause 2(1) (a) since their conduct, including speaking against the party leadership, showed their intention to leave the Congress.
The Pilot camp, however, submitted before the HC that the Speaker’s notice was in violation of their freedom of expression and voicing dissent against party leadership or CM Ashok Gehlot cannot be construed as an intention to quit the party.
Joshi had argued that as per the 1992 SC judgment in the Kihoto Hollohan case, the HC cannot interfere with the disqualification proceedings till he actually makes a decision, and as a result, Pilot’s petition was premature.
The HC after hearing the case for three days reserved its verdict on July 21 asking Joshi not to take any action against dissident MLAs till it pronounces its verdict on July 24.
Then, Joshi moved the SC on July 22 without waiting for the HC order.
Joshi’s plea was heard by the SC the following day, but declined to stay the HC order or proceedings.
The HC had pronounced its order on July 24 saying the issue involves Constitutional question, including the validity of clause 2(1)(a) of the Tenth Schedule.
Joshi maintained that the Speaker’s proceedings are immune from the challenge before courts till a decision on disqualification is arrived at by the Speaker.
He also argued that interim challenge against Speaker’s actions is not permissible, as per the Kihoto Hollohan case.
“It pains us that HCs are not following SC judgments,” Sibal told the apex court on Monday in his concluding remarks during the hearing of the case.
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