New Delhi: Rajasthan Legislative Assembly Speaker C P Joshi on Wednesday approached the Supreme Court against the state High Court which had asked him not to take any action against 19 Congress rebel MLAs including Sachin Pilot.
Senior Advocate Kapil Sibal, on behalf of the Speaker, submitted that Speaker has the complete authority to send a show-cause notice and sought a urgent hearing.
However, the bench headed by Chief Justice Sharad Arvind Bobde refused to take the matter immediately.
Justice Bobde asserted that the hearing will be held according to the decision of the Supreme Court registry.
The petitioner also demanded stay on the interim order of the High Court.
In the petition, the Speaker cited earlier judgments of the Supreme Court which stated that until the disqualification proceedings are completed, the Court cannot interfere in the Speaker’s action.
The Rajasthan high court’s order on Tuesday created a confrontation between the judiciary and the legislature as the court asked the Speaker not to take any action till July 24, when it will pronounce its verdict on notice for disqualification issued by the Speaker.
Earlier, the court had asked Speaker to wait till July 21, before coming to any decision.
The rebels had knocked the doors of the High Court with a writ petition, after they received a notice from the Speaker individually over disqualification. The notice was served under the Anti-Defection law, mentioned in the Tenth Schedule of the Constitution.
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The law prevents political defections, prompted by the lure of office, material benefits or similar considerations. It ensures that a party member does not violate the mandate and in case he does so, he will lose his membership of the House.
Interestingly, the notice was issued just hours after the rebels skipped the Congress Legislature Meeting in Jaipur and remained cemented in ITC Hotel at Manesar.
Noted Advocate Harish Salve and former Attorney General of India Mukul Rohatgi, appearing for the petitioner, contended that if the Speaker acts against anyone raising voice against the party’s chief, it means curbing the rights of the dissidents.
On the other hand, appearing for the respondents, senior Advocate Abhishek Manu Singhvi told the court that the matter is beyond judicial review.
If the disqualification of 19 MLAs take place, the strength of the Assembly will be reduced to 181, with a new halfway-mark of 91 required to rule the House.
The disqualification will make it easier for Chief Minister Ashok Gehlot to retain the majority.
In the present Assembly, Congress has 107 MLAs while Bharatiya Janata Party 72.
(Agencies)