Supreme Court refuses to stay Rajasthan High Court order

The issue of whether the High Court can hear the Speaker's notice will be taken up in the Supreme Court on Monday.

(PTI) New Delhi, Ta. Thursday, July 23, 2020

The Supreme Court has refused to stay the order of the High Court on the plea of ​​18 other rebel Congress MLAs who were ousted from the post of Deputy Chief Minister in Rajasthan. The Speaker has issued a notice to disqualify the rebel MLAs, including Pilot. The president's decision has been challenged in the High Court by a rebel group of pilots.

The High Court directed the Speaker of the Legislative Assembly, C.P. Joshi was directed not to take action against the rebel MLAs till July 24. The court is scheduled to rule on the case on Friday. Although Joshi had applied to the Supreme Court to stop the High Court from ruling in the case, the apex court on Thursday rejected his plea. However, further hearing in the case was adjourned to Monday.

Observing that the voice of protest cannot be suppressed in a democracy, the Supreme Court directed the Speaker of the Rajasthan Legislative Assembly, C.J. P. The pilot group in the Rajasthan High Court refused to accept Joshi's plea to transfer the case to the apex court to transfer the matter to the apex court.

A bench headed by Justice Arun Mishra heard Joshi's plea against the High Court's directive not to disqualify the rebel MLAs till July 24.

The Supreme Court heard the case through video conferencing. The court said a "long hearing" was needed for the petition filed by the president, as it contained a number of questions related to democracy. "Since the High Court has held a lengthy hearing in the matter and has reserved judgment, we are not ordering any stay on it," the bench added. However, whatever the order of the High Court may be, it will depend on the outcome of this application.

With this the judges b. R. A bench comprising Gawai and Krishna Murari adjourned the case till July 27. Speaker of the Rajasthan Legislative Assembly c. P. On behalf of Joshi, senior advocate Kapil Sibal questioned the High Court's jurisdiction to hear the rebel MLAs' plea and said the court could intervene only after the Speaker decides to disqualify the suspension of members of the House.

Referring to the High Court's July 21 order, Sibal questioned, "How can the High Court direct the Speaker to extend the term?" This is not the jurisdiction of the court. ' Sibley referred to the Supreme Court in the 1992 Kihoto Holohan case. In this case, the apex court ruled that the courts could not intervene in the disqualification of a member of the House by the Speaker under the 10th Schedule of the Constitution.

Sibley added that the president has not yet made a decision and that he has only sent notices to rebel legislators. He is to respond to this notice. However, the court noted that the voice of protest in a democracy cannot be suppressed in this way. This is not an easy task. The Speaker has the power to disqualify members of the House, but there must be reasons for that.

Meanwhile, Sachin Pilot and 18 other rebel MLAs had filed an application in the Rajasthan High Court on Thursday seeking to make the Center a party in their case. The pilot group has challenged Speaker Joshi's notice in the High Court to disqualify him. In their petition, the pilot group told the High Court on Thursday that since President Joshi had referred to the 10th Schedule of the Constitution in the Supreme Court petition, it had become necessary for the Center to be a party in the case.