SC allows speaker to withdraw plea on HC jurisdiction

NEW DELHI: Rajasthan assembly speaker CP Joshi on Monday withdrew his plea before the Supreme Court that challenged a July 21 order by the state high court directing him to defer action on disqualification notices sent to 19 dissident Congress lawmakers, including former deputy chief minister Sachin Pilot.

On July 24, the Rajasthan HC passed a detailed order staying action by the speaker against the rebel Congress legislators while admitting the writ petition filed by the Pilot camp against the disqualification notices, senior counsel Kapil Sibal, who appeared for Joshi, told a threejudge bench headed by Justice Arun Mishra.

The speaker’s plea before the apex court against the July 21 order has, therefore, become infructuous (ineffective) due to the July 24 order, Sibal pointed out. “So kindly permit us to withdraw this plea,” he requested.

The court allowed the same while granting the speaker the liberty to avail appropriate legal remedy against the HC order of July 24. This means Joshi can file a fresh petition challenging that ruling. “Kapil Sibal has submitted that the high court has passed a detailed order [on July 24] and the ad interim order passed [on July 21] has merged into the final interim order that has been passed by the high court [on July 24]. Thus, he wants to withdraw this petition with liberty to avail appropriate remedy as against the subsequent order” the bench,said.