SC rejects Raj Speaker’s plea to restrain HC order

Bench asks if MLAs can’t raise their voice while in Congress

In a setback to Rajasthan Chief Minister Ashok Gehlot, the Supreme Court on Thursday allowed the High Court to rule on the plea of 19 dissident Congress MLAs, including sacked deputy CM Sachin Pilot, against the Speaker’s notice for initiating disqualification proceedings against them, but said that it would be subject to the outcome of the petition before the top court.

The Rajasthan HC’s verdict on the plea of Mr Pilot and other rebel Congress MLAs is likely to be delivered at 10.30 am on Friday.

Rajasthan Assembly Speaker C.P. Joshi had approached the Supreme Court saying that the High Court cannot interdict the disqualification proceedings undertaken by him

No doubt the Speaker has a right to disqualify, but there has to be a proper reason to disqualify.

— JUSTICE ARUN MISHRA, making an observation on the Speaker’s power under the 10th Schedule

under the 10th Schedule of the Constitution.

Justices Arun Mishra, B.R. Gavai and Krishna Murari of the Supreme Court said Mr Joshi’s plea raises important questions and requires prolonged hearing. “We are not restraining the High Court from passing the order but it will be subject to the outcome of the petition (of Speaker) before the Supreme Court,” the judges said and listed the case for hearing on Monday.

“Voice of dissent in democracy cannot be shut down,” they observed.

“We are trying to find out whether this process (disqualification) was permissible or not,” it said, while questioning Mr Joshi on the reasons for initiating disqualification proceedings against the 19 dissident Congress MLAs.

Even as senior counsel Kapil Sibal sought to impress on the court that the High Court or for that matter any court cannot interfere with the proceedings before the Speaker under the 10th Schedule of the Constitution, Justice Mishra said that they would like to hear the matter in detail as it involves “important questions relating to democracy. How will democracy function?”

As Mr Sibal sought to apprise the court about the rebel MLAs skipping the meeting of the Congress legislature party, landing in a hotel in Haryana, interacting with the media, Justice Mishra said, “…while remaining in party can they not raise their voice? Else they will be disqualified. Whether voice of dissent can be shut down…?”

Agreeing with Mr Sibal that under the 10th Schedule, the domain of the Speaker could not be interfered with till he arrives at a decision, Justice Mishra said, “No doubt the Speaker has a right to disqualify, but there has to be a proper reason to disqualify.”

The Congress has 107 MLAs and the BJP 72. If Mr Pilot and 18 other MLAs get protection from disqualification, they can vote against the Congress government and make it tough for Mr Gehlot to retain power in Rajasthan.