Rajasthan High Court can deliver judgement in Sachin Pilot’s case tomorrow, says Supreme Court

BCCL
  • A Supreme Court bench, headed by J Arjun Mishra, has allowed Rajasthan High Court to pass judgement on disqualification of Sachin Pilot and 18 other MLAs tomorrow.
  • However, the bench said “it will be subject to the outcome of the SC proceedings,” reported Bar and Bench.
  • The plea urged the apex court to pass an interim ex-parte order staying the July 21 order of the Rajasthan High Court.
A Supreme Court bench, headed by J Arjun Mishra, has allowed Rajasthan High Court to pass judgement on disqualification of Sachin Pilot and 18 other MLAs tomorrow. However, “it will be subject to the outcome of the SC proceedings,” the judges said according to Bar and Bench.

SC, on July 23, started hearing on Rajasthan Speaker's plea against HC order restraining him from conducting disqualification process against 19 Cong MLAs.The SC during the hearing said it will start hearing on the speaker’s plea against Rajasthan High Court on Monday.

The top court's observation came when senior advocate Kapil Sibal, appearing for Joshi, listed the reasons for starting disqualification proceedings and said that these MLAs did not attend party meetings and conspired to destabilise their own government.

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The plea urged the apex court to pass an interim ex-parte order staying the July 21 order of the Rajasthan High Court.

Here are the top highlights of the Supreme Court’s judgement

  • Voice of dissent in a democracy cannot be shut down , the Supreme Court said on Thursday as it questioned Rajasthan Assembly Speaker CP Joshi on the reasons for initiating disqualification proceedings against 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot.
  • A bench headed by Justice Arun Mishra said: This is not a simple matter and these MLAs are elected representatives.
  • Responding to a query of the bench, Sibal said, These MLAs had gone to Haryana, stayed at a hotel and gave TV bites that they want floor test."
  • Sibal further said, “the issue as to whether the disqualification process is permissible or not can not be taken note of by the court at this stage. Our grievance is purely constitutional and there cannot be any order till a decision is taken by the speaker."
  • 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.
  • Rajasthan Speaker told Supreme Court that the state high court has no jurisdiction to restrain him from conducting disqualification proceedings till July 24 against 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot.
  • Sibal referred to a famous top court verdict rendered in the 1992 Kihoto Hollohan case, in which it was held that courts can't intervene in disqualification proceedings undertaken by the Speaker under Tenth Schedule to the Constitution.
  • Sibal added that courts could only intervene when the Speaker takes a decision to suspend or disqualify a member of the House
The hearing on the plea is still underway.
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