Rajasthan political crisis: SC refuses to stay High Court proceedings, HC verdict tomorrow

In a big relief to former Rajasthan Deputy Chief Minister Sachin Pilot and 18 or MLAs siding with him, Supreme Court today refused to stay proceedings before Rajasthan High Court in case of ir disqualification. 

Speaker of Rajasthan Assembly Dr. CP Joshi h approached Supreme Court in an urgent petition yesterday after Rajasthan HC h reserved its order in matter, requesting Speaker of Assembly to defer his decision on disqualification by Friday. Soon after, Sachin Pilot and his MLAs h also approached Supreme Court in a caveat petition, stating that orders should be passed by Supreme Court on issue without giving m a chance to be heard. 

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matter was listed today before a three-judge bench of Supreme Court heed by Justice Arun Mishra and comprising of Justices BR Gavai and Krishna Murari. Assembly Speaker was represented by Senior vocate Kapil Sibal while Sachin Pilot and his MLAs were represented by Senior vocates Harish Salve and Mukul Rohatgi. 

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Sibal began arguments before Supreme Court bench stating that re can be interference from Court till time a final decision is t taken by Speaker on disqualification of MLAs. Sibal challenged direction of Rajasthan High Court saying that it was t valid since interference from Court is barred under Tenth Schedule unless a final decision is taken. To substantiate his arguments, Sibal relied on Kihoto Hollohan judgment of 1992 through which Tenth Schedule was upheld by a Constitution Bench of Supreme Court. Sibal also stated that in accordance to Paragraph 6 of Tenth Schedule, decision of Speaker is final when it comes to disqualification proceedings of Members of a House.

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Sibal went on to claim that Sachin Pilot and his MLAs h issued statements in media stating that y want a floor test in Rajasthan and that Congress h failed people in Rajasthan. "y all went to Haryana to stay in a hotel and y refused to attend party meetings when y were urged to. All this shows that y wanted to part ways from Indian National Congress" said Sibal. "A member willing to voluntarily give up his membership in a political party does t always need to give a resignation in writing. Inference can be drawn from conduct of member as well as to wher to t he has voluntarily given up his party membership" he said.

Justice Mishra also me crucial observations during course of hearing while stating that "voice of dissent cant be suppressed". "After all, y are elected representatives of people. Can y t express ir dissent?" Justice Mishra asked.

Supreme Court went on to say that this is a matter that h to be "heard at length" and was "t as simple as it seems". Court, refore, allowed High Court to prounce its verdict tomorrow in matter stating that any orders passed by Rajasthan High Court will be subject to approval from Supreme Court. hearing before top court will w be on Monday.

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(Im credits: PTI)