In a major setback for Ashok Gehlot government, the Supreme Court on Thursday refused the request of Rajasthan Speaker CP Joshi to stay the Rajasthan High Court proceedings on Sachin Pilot and MLAs petition against disqualification notice.
"Rajasthan High Court can pass orders on Congress MLAs plea against disqualification notice from Rajasthan Speaker," said the top Court. The next hearing in the case will take place on Monday.
The apex court was hearing an appeal filed by the Rajasthan Speaker, against the High Court order to defer anti-defection proceedings against former Deputy Chief Minister Sachin Pilot and 18 breakaway Congress MLAs till July 24.
While hearing the case, Justice Arun Mishra said a dissenting voice in a democracy cannot be shut down.
On Wednesday, Rajasthan Assembly Speaker CP Joshi had challenged the state high court's decision to defer disqualification of Sachin Pilot and his loyalist 18 MLAs and cited the Constitution to argue that the "court cannot infringe on the Speaker’s order".
Senior Advocate and Congress leader Kapil Sibal appearing for Rajasthan Speaker CP Joshi said the court can’t direct the Speaker to extend the time to file their replies to the anti-defection notices. It’s not in the jurisdiction of the court, he said.
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