Published 14:05 IST, July 23rd 2020
Rajasthan political crisis: SC refuses to stay High Court proceedings, HC verdict tomorrow
In a big relief to former Rajasthan Deputy CM Sachin Pilot & 18 other MLAs siding with him, the SC today refused to stay the proceeding before the Rajasthan HC
In a big relief to former Rajasthan Deputy Chief Minister Sachin Pilot and 18 other MLAs siding with him, the Supreme Court today refused to stay the proceedings before the Rajasthan High Court in the case of their disqualification.
Speaker of the Rajasthan Assembly Dr. CP Joshi had approached the Supreme Court in an urgent petition yesterday after the Rajasthan HC had reserved its order in the matter, requesting the Speaker of the Assembly to defer his decision on disqualification by Friday. Soon after, Sachin Pilot and his MLAs had also approached the Supreme Court in a caveat petition, stating that no orders should be passed by the Supreme Court on the issue without giving them a chance to be heard.
The matter was listed today before a three-judge bench of the Supreme Court headed by Justice Arun Mishra and comprising of Justices BR Gavai and Krishna Murari. The Assembly Speaker was represented by Senior Advocate Kapil Sibal while Sachin Pilot and his MLAs were represented by Senior Advocates Harish Salve and Mukul Rohatgi.
Sibal began arguments before the Supreme Court bench stating that there can be no interference from the Court till the time a final decision is not taken by the Speaker on the disqualification of the MLAs. Sibal challenged the direction of the Rajasthan High Court saying that it was not valid since interference from Court is barred under the Tenth Schedule unless a final decision is taken. To substantiate his arguments, Sibal relied on the Kihoto Hollohan judgment of 1992 through which the Tenth Schedule was upheld by a Constitution Bench of the Supreme Court. Sibal also stated that in accordance to Paragraph 6 of the Tenth Schedule, the decision of the Speaker is final when it comes to disqualification proceedings of Members of a House.
Sibal went on to claim that Sachin Pilot and his MLAs had issued statements in the media stating that they want a floor test in Rajasthan and that Congress had failed the people in Rajasthan. "They all went to Haryana to stay in a hotel and they refused to attend party meetings when they were urged to. All this shows that they wanted to part ways from the Indian National Congress" said Sibal. "A member willing to voluntarily give up his membership in a political party does not always need to give a resignation in writing. Inference can be drawn from the conduct of the member as well as to whether to not he has voluntarily given up his party membership" he said.
Justice Mishra also made crucial observations during the course of the hearing while stating that the "voice of dissent cannot be suppressed". "After all, they are elected representatives of the people. Can they not express their dissent?" Justice Mishra asked.
The Supreme Court went on to say that this is a matter that had to be "heard at length" and was "not as simple as it seems". The Court, therefore, allowed the High Court to pronounce its verdict tomorrow in the matter stating that any orders passed by the Rajasthan High Court will be subject to approval from the Supreme Court. The hearing before the top court will now be on Monday.
(Image credits: PTI)
Updated 14:05 IST, July 23rd 2020