Cong chief whip moves Supreme Court against HC breather to Pilot

NEW DELHI: Mahesh Joshi, the chief whip of the Congress Legislature Party (CLP) in the Rajasthan assembly, approached the Supreme Court on Friday, challenging the high court’s July 24 order that virtually put a freeze on disqualification proceedings against now-dismissed deputy chief minister Sachin Pilot and 18 other rebel Congress legislators backing him.

Joshi told the apex court that by ordering “status quo” on disqualification proceedings, the HC has granted full relief, beyond what was sought for by the Pilot camp.

The Pilot camp had questioned in the HC a July 14 notice issued by the speaker seeking their response to disqualification pleas sent to them, and claimed that CP Joshi did not grant them sufficient time to respond.

“The consequence of the grant of status quo order (by the HC) is that the Respondents have secured relief over and above their original grievance that the Speaker did not give them seven days’ time,” said the special leave petition (SLP) settled by senior advocate Devdatt Kamat.

Joshi’s appeal further said the division bench of the HC had no jurisdiction to hear the case as the Pilot camp challenged the validity of para 2(1)(a) of the 10th Schedule, which has been decided upon by a Constitution bench of the apex court in the 1992 Kihoto Hollohan case. Such a matter has to be decided by at least a five-judge bench of the apex court, it added.

The move came just two days after assembly Speaker CP Joshi moved a petition in the top court against the July 24 order of the Rajasthan HC.

The Pilot camp moved the HC on July 15, challenging the disqualification notices. And on July 22, the speaker filed a special leave petition in the top court, challenging the HC’S July 21 order to defer disqualification proceedings.