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Rajasthan Speaker to move SC over HC’s ‘intervention’ in rebel MLAs’ disqualification
Speaker CP Josh said in 1992, the SC’s constitutional bench had settled that Speaker was competent to decide anti-defection petitions.
Rajasthan Speaker CP Joshi said on Wednesday that he would move the Supreme Court (SC) against what he felt was an intervention in his authority to decide on an anti-defection petition.
“We need to see if a show-cause notice on an anti-defection petition was beyond a Speaker’s authority,” he said in a press conference at his official residence on Wednesday morning.
Joshi said in 1992, the SC’s constitutional bench had settled that Speaker was competent to decide anti-defection petitions.
A division bench of the Rajasthan high court (HC) is hearing a joint petition by 19 rebel Congress lawmakers, including sacked deputy chief minister Sachin Pilot, against the defection notice sent to them by Speaker Joshi.
On Tuesday, the two-member HC division bench, comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta, posted the matter for next hearing on Friday.
“We further request the Speaker to extend the said petition till the delivery of the order by this court on July 24 (Friday) and we direct accordingly,” said the HC order.
The Speaker objected to the use of the word “direct” in the HC order and questioned the legal intervention, when the notice had been issued.
The notice was served on the 19 rebel legislators following a complaint from the chief whip of Rajasthan Assembly Mahesh Joshi. The chief whip has stated in his complaint that the 19 lawmakers be disqualified for not attending two consecutive Congress legislature party (CLP) meetings on July 13 and 14.
Pilot and other dissident MLAs challenged the disqualification notice in the HC last Friday following which the bench heard their plea on Monday and Tuesday.
Speaker Joshi has put off his deadline twice for taking action on the notice because the court proceedings have exceeded the expected timeframe.
Senior counsel Mukul Rohatgi, who argued on behalf of Pilot’s camp, cited that the HC’s power in this case cannot be curtailed and that it has the jurisdiction to adjudicate upon the matter.
“Each and every judgement has to be read along with the facts prevalent in that case,” Rohatgi said.
He also maintained that the Speaker’s order is against the Tenth Schedule of the Constitution, which deals with anti-defection.
Rohatgi pointed out the fundamental flaws in the Speaker’s notice and cited precedence to bolster his argument.
He argued that the 19 Congress members of the Rajasthan legislative assembly (MLAs) were given only three days by Speaker Joshi to respond to his notice, but the complaint by the Bharatiya Janata Party’s (BJP) Madan Dilawar regarding six turncoat lawmakers, who had left the Bahujan Samaj Party (BSP) last year to join the Ashok Gehlot-led government was yet to be heard.
Rohatgi claimed that the proceedings “reek of malafide intent”.
“Mind you, we are in the middle of the Covid–19 (coronavirus disease) outbreak and only three days’ time is given for the reply,” Rohatgi said.
The deferment is being construed as a breather for the Pilot camp.
Senior counsel Abhishek Manu Sanghvi argued the case on behalf of the Gehlot government after Rohtagi and senior advocate Harish Salve represented the Pilot camp.
“Pilot’s petition is premature. It’s not maintainable,” Singhvi said. He contended that the Speaker is yet to adjudicate on the matter.
Speaker Joshi’s counsel Prateek Kasliwal also weighed in.
“It is wrong to accuse the Speaker of being biased. It is up to the Speaker to decide which matter he wants to take up first. If that argument is allowed, then people will begin questioning why their petitions have not been taken up first,” Kasliwal said.
