Top court to hear case tomorrow
SC to hear if HC can interfere in disqualification proceedings
NEW DELHI: The Supreme Court will on Monday resume hearing Rajasthan speaker CP Joshi’s plea related to whether or not courts can interfere with disqualification proceedings initiated by an assembly speaker against lawmakers even before a decision has been taken.
A justice Arun Mishra-led three-judge bench last heard the matter on July 23 when it said the issue will require a prolonged hearing since the “question involved is of the very democracy itself”.
Joshi moved the top court on July 22 challenging the Rajasthan high court’s July 21 order that directed him to defer proceedings on disqualification notices issued to 19 rebel Congress lawmakers. Joshi submitted before the Supreme Court that courts cannot interfere with the disqualification proceedings until the speaker makes a decision.
NEW DELHI: The Supreme Court will on Monday resume hearing Rajasthan speaker CP Joshi’s plea related to whether or not courts can interfere with disqualification proceedings initiated by an assembly speaker against lawmakers even before a decision has been taken.
A justice Arun Mishra-led three-judge bench last heard the matter on July 23 when it said the issue will require a prolonged hearing since the “question involved is of the very democracy itself”.
Joshi moved the apex court on July 22 challenging the Rajasthan high court’s July 21 order that directed him to defer proceedings on disqualification notices issued to 19 rebel Congress lawmakers, including former deputy chief minister Sachin Pilot.
The high court was scheduled to pronounce its verdict on the challenge to Joshi’s notices of July 14 when the speaker moved the top court.
It ordered a status quo on the matter on July 24. The ruling meant Joshi cannot decide on disqualifying the rebels.
Joshi, through his counsel Kapil Sibal, submitted before the Supreme Court on July 23 that courts cannot interfere with the disqualification proceedings until the speaker makes a decision. It is settled by the judgment of this court in the Kihoto Hollohan case of 1992, Sibal argued.
In the case, a five-judge Constitution bench held judicial review should not cover any stage prior to the making of a decision by the speaker/chairman. No interference would be permissible at an interlocutory stage, the Kihoto Hollohan judgment said.
Joshi, therefore, sought a stay on the proceedings before the high court. “We are trying to find out whether the procedure adopted [by speaker] is correct or not. Can the voice of dissent be shut down like this in a democracy?” Justice Mishra said. The SC declined to stay high court proceedings. Consequently, Joshi’s plea before the Supreme Court seeking a stay on high court proceedings was rendered infructuous since it passed an order on July 24.
Admitting Pilot’s plea, the high court asked Joshi to defer action on the notices served until it decides the case.
The Supreme Court will hear the larger issue concerning whether courts can interfere with a speaker’s exercise of disqualification powers.
“We will hear only on the question of jurisdiction of court to interfere with the speaker’s proceedings. We will not go into whether speaker acted mala fide or bona fide. We cannot go into that,” justice Mishra remarked during the July 23 hearing.