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Rajasthan speaker moves SC against HC directive to defer disqualification proceedings till Friday
Speaker CP Joshi said that according to the Supreme Court’s 1992 judgment in Kihoto Hollohan vs Zachillhu, the court cannot interfere with the speaker’s powers to decide a disqualification petition till he gives a final decision on such a plea.
The Speaker of Rajasthan assembly moved the Supreme Court on Wednesday against the order passed by the Rajasthan high court deferring action on notices issued by him to Sachin Pilot and 18 dissident Congress legislators till July 24.
Speaker CP Joshi said that according to the Supreme Court’s 1992 judgment in Kihoto Hollohan vs Zachillhu, the court cannot interfere with the speaker’s powers to decide a disqualification petition till he gives a final decision on such a plea.
Such interference amounts to transgression by the judiciary into his exclusive domain, he contended. In this case, the speaker had only issued show-cause notice to the rebel MLAs and the court couldn’t have interfered at this interim stage, he said.
“In Kihoto, a Constitution bench of the Supreme Court expressly held that courts cannot interdict the speaker from proceeding ahead. The proceedings under the Tenth Schedule before the Speaker are proceedings of the Legislature and as such cannot be interfered with...In view of the aforesaid, the (high court) order is ex-facie illegal, perverse, and in derogation of the powers of the Speaker under the Constitution and hence
deserve to be set aside,” the petition said.
The Rajasthan high court had, on Tuesday, directed the speaker not to take any action based on his July 14 notice to the Pilot camp.
This order was passed after Pilot and the other MLAs had approached the high court on July 15, challenging the speaker’s notice which had asked them to furnish an explanation by July 17 on why they shouldn’t be disqualified from the assembly for their conduct, which the Congress party alleged was detrimental to the interest of the party and showed their intention to quit the party.
Pilot and Rajasthan chief minister Ashok Gehlot have been at loggerheads since the Congress government came to power in 2018 and Gehlot was made CM while Pilot had to settle for the post of Deputy CM.
The tussle had come out in open earlier this month after Rajasthan police had sought to question Pilot over allegations against him attempting to pull down the Congress government in Rajasthan in cahoots with the BJP.
Gehlot and Pilot had traded allegations before Pilot was eventually sacked as deputy CM. Without Pilot and 18 MLAs who are supporting him, the Congress government enjoys a wafer this majority in the 200-member strong assembly.
The speaker’s notice to Pilot was based on the disqualification petition filed by the chief whip of the Congress in Rajsthan, Mahesh Joshi. He had in his plea cited the absence of the MLAs from two Congress legislature party meetings, held on July 13 and 14, despite specific instructions to attend it. This was cited as the main reason which showed the intention of the MLAs to leave the Congress.
Pilot and the other dissident MLAs have maintained they never had the intention to leave the Congress and were exercising their right to criticise the party leadership and the functioning of chief minister Ashok Gehlot. In a democratic set-up, voicing disagreement with policies or decisions made by the party doesn’t amount to acting against the interests of the party, so as to lead to disqualification, they said in their petition.
The speaker has maintained throughout that the petition by Pilot is premature since the Kihoto vs Hollohan judgment bars any interference by courts while proceedings are pending before the speaker.
The high court had reserved its judgment on Tuesday after hearing the parties for three days and also said that it will pronounce its verdict on July 24. The speaker, however, approached the top without waiting for the order.
He has sought urgent listing of the case.
“In these circumstances, it is respectfully submitted that the impugned order (of Tuesday) which is in direct contravention to the law laid down by this court in Kihoto Hollohan is liable to be immediately stayed so that the dignity of Constitutional authorities envisaged by the Constitution is protected”, the plea said.
