Rajasthan Congress Chief Whip Moves SC Against HC Order on MLAs' Disqualification Process

Rajasthan Congress chief whip Mahesh Joshi on Friday moved the Supreme Court against High Court order of July 24 asking the assembly speaker to defer disqualification proceeding against sacked deputy Chief Minister Sachin Pilot and 18 MLAs. The chief whip has moved the top court two days after the assembly speaker CP Joshi filed the appeal against the July 24 Rajasthan High Court order.

The plea filed through advocate Varun Chopra said that the High Court order is "ex-facie unconstitutional, illegal and in the teeth of the law laid down by this court in 1992 verdict in the case of Kihoto Hollohon". The 1992 judgement had held that the speaker has the authority to decide the disqualification proceedings and judicial intervention in the process is "not permissible".

The Rajasthan Assembly Speaker On July 29 had moved the top court challenging the July 24 order of the high court which had directed maintenance of status quo on the disqualification notice issued to 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot. In his petition, Speaker C P Joshi, has sought stay on the Rajasthan High Court's order contending that it is "ex-facie unconstitutional" and is a "direct intrusion" into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution.

The Speaker's plea, settled by senior advocates Kapil Sibal and Vivek Tankha, has also sought stay on further proceedings in the matter pending before the High Court. The Speaker's plea, filed through advocate Sunil Fernandes, claimed that the high court's order is a 'direct interference' in the 'proceedings of the House' under the Tenth Schedule which is prohibited under Article 212 of the Constitution.

On July 27, the top court had allowed the Assembly Speaker to withdraw his plea against the high court's July 21 order asking him to defer till July 24 the disqualification proceedings against these MLAs. The assembly Speaker had issued the notice to these MLAs on July 14 after the ruling Congress had complained to him that the legislators had defied a whip to attend two legislature party meetings.

The high court had passed the order on the plea filed by these MLAs who have challenged the disqualification notice issued to them.