Speaker withdraws SC plea over rebels’ disqualification
nNEW 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. Accordingly, the special leave petition [SLP] is dismissed as withdrawn,” the bench, which also comprised Justice BR Gavai and
Justice Krishna recorded.
Pilot and 18 Congress MLAS moved the Rajasthan HC on July 15, challenging the disqualification notices issued to them by Joshi. Subsequently, the high court on July 24 ordered status quo on the matter, admitted the writ petition by the Pilot camp and deferred its final verdict.
Before that, on July 22, the speaker filed the SLP in the top court, challenging the HC’S July 21 order to defer disqualification proceedings.
On July 23, the Supreme Court turned down the speaker’s request for a stay on that order and said it will hear the larger question of whether or not courts can interfere with disqualification proceedings initiated by an assembly speaker against lawmakers even before a decision has been taken. The top court’s refusal to grant stay paved the way for the high court to pronounce its order on July 24.
The HC will now examine in detail the legal issues involved and the petition is unlikely to come up for hearing anytime soon.
Murari,
The legal battle began after the Congress chief whip, Mahesh Joshi, filed a complaint before the speaker on July 14, seeking action against Pilot and the other dissidents under paragraph 2 (1) (a) of the 10th Schedule of the Constitution. The provision disqualifies MLAS if they “voluntarily” give up the membership of the party which they represent in the House.
Joshi, in his complaint, cited the absence of the MLAS from two Congress Legislature Party meetings, held on July 13 and 14, despite specific instructions.
The rebels said Pilot never indicated any intention to leave the Congress party. In their petition filed in the HC, Pilot and the other MLAS submitted that were merely exercising their right to criticise party leadership and the functioning of the chief minister.
The Pilot camp also challenged the validity of paragraph 2(1) (a) of the 10th Schedule, contending that the provision was very wide since even expression of opinion or views against party leadership are construed as defection.