New Delhi: The Supreme Court has today made it clear that Rajasthan High Court can order on the petition against disqualifying rebel MLAs. Simultaneously, the Supreme Court refused to accept Rajasthan Legislative Assembly Speaker CP Joshi’s request to stay the High Court proceedings.
A bench of Justice Arun Mishra said that Rajasthan High Court can give its order on the petition of rebel Congress MLAs. The crucial hearing in this entire case is now to be held in the Rajasthan High Court tomorrow. It is believed that the High Court is likely to give its verdict on the entire dispute tomorrow.
Earlier, during the hearing in the Supreme Court today, Rajasthan Assembly Speaker C.P. Joshi said that the High Court has no right to stop the disqualification proceedings against the 19 rebel MLAs of the Congress till July 24. These rebel MLAs also include Sachin Pilot, who was removed as Deputy Chief Minister.
On this dispute, a bench headed by Justice Arun Mishra started hearing Joshi’s plea that referred to the verdict of the apex court in the 1992 Kihoto Holohan case. According to that judgment, the court cannot interfere in the disqualification proceedings taken by the Speaker under the Tenth Schedule of the Constitution.
Senior advocate Kapil Sibal, representing Joshi, said that the court can intervene only if the Speaker decides to suspend or disqualify a member of the House. Sibal said this in response to the question of the bench, in which he had asked whether the court could interfere in the Speaker’s decision to suspend the MLAs or get them commissioned.
Rajasthan Assembly Speaker CP Joshi moved the Supreme Court on Wednesday against the High Court’s order to defer the disqualification proceedings against the 19 rebel MLAs of the Congress by July 24.
