Speaker moves SC against HC order on 19 Cong MLAS

nNEW DELHI: Rajasthan assembly speaker CP Joshi moved the Supreme Court on Wednesday challenging a July 24 order by the high court ordering him to defer proceedings on the disqualification notices he issued to dissident Congress legislator Sachin Pilot and 18 other MLAS.

Joshi submitted that the high court order is in violation of legal principles laid down by the 1992

Supreme Court judgment in Kihoto Hollohan v. Zachillhu as per which courts cannot interfere with the speaker’s powers to decide a disqualification petition till he gives a final decision on such a disqualification plea.

“The order (of July 24) restraining the speaker from performing his constitutional duties under the 10th schedule (for disqualification of MLAS) is a direct intrusion by the high court into the domain exclusively reserved for the Speaker,” the petition filed through advocate Sunil Fernandes said. On July 24, the Rajasthan high court issued an order staying action by the speaker against the rebel Congress legislators while admitting the writ petition filed by the Pilot camp against the disqualification.

The high court said it will examine the constitutional validity of para 2(1)(a) of the 10th schedule of the constitution. The 10th schedule contains provisions relating to disqualification of lawmakers for defection. Para 2(1)(a) lays down that voluntarily giving up membership of the political party on whose ticket the lawmaker was elected, will be a ground for disqualification from the house. The Pilot camp had challenged the validity of para 2(1)(a) arguing that merely voicing opinion against party leadership does not amount to “voluntarily giving up membership”.

“The constitutional validity of 10th schedule including para 2(1)(a) had been specifically challenged before the Supreme Court in Kihoto and the contention was negatived. In these circumstances, the high court could not have acted as appellate court over the correctness of the decision in Kihoto,” the speaker submitted.

This would be the second instance of Joshi knocking the doors of the Supreme Court. He had earlier filed an appeal before the Supreme Court on July 22 seeking a stay on a July 21 order of the high court which had asked him to defer action on disqualification notices till July 24.