Rajasthan stand-off: SC declines to restrain HC from passing order

In a major setback to the Congress-led Rajasthan government’s efforts to expedite the disqualification of former Deputy Chief Minister Rajesh Pilot and 18 other MLAs who had split from the party, the Supreme Court allowed the Rajasthan High Court to pronounce its order on the plea of the rebels against Assembly Speaker CP Joshi’s notice.

Joshi failed to get any interim relief on his plea alleging that the High Court cannot interdict the disqualification proceedings undertaken by him under the Tenth Schedule of the Constitution.

Joshi, while bowing to the High Court’s request to put off the disqualification proceedings till Friday, had said the State was heading for a constitutional crisis. Charging that one democratic institution was encroaching on the turf of the other, he had added that he would approach the Supreme Court.

In the Supreme Court, a Bench of Justices Arun Mishra, BR Gavai and Krishna Murari said Speaker Joshi’s plea raises important questions and requires prolonged hearing.

‘Crucial question’

“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 Bench said, while fixing the plea for hearing on July 27. “Voice of dissent in democracy cannot be shut down,” the bench observed.

Senior advocate Kapil Sibal, appearing for Joshi, listed the reasons for starting the disqualification proceedings, saying that these MLAs did not attend party meetings and conspired to destabilise their own government.

The bench said: This is not a simple matter and these MLAs are elected representatives.

Responding to the bench, Sibal said, These MLAs had gone to Haryana, stayed at a hotel and gave TV bytes that they want a floor test. He said the issue as to whether the disqualification process is permissible or not cannot be taken note of by the court at this stage. “Our grievance is purely constitutional and there cannot be any order till decision is taken by the speaker,” he argued.

Sibal said that at the most the Speaker can be asked to decide disqualification within a time frame but the process can’t be interfered with and no writ can lie to challenge proceedings before Speaker prior to the decision on disqualification or suspension of MLAs.

The bench asked Sibal whether a disqualification notice can be issued to MLAs for not attending the meetings and can it be taken as stand against the party.

Meanwhile, arguments on the rebel MLAs’ petition against disqualification notices before a bench of Rajasthan High Court, comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta concluded on Tuesday. The court is expected to give an order on Friday. .

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