New Delhi:The Supreme Court on Monday refused to stay the disqualification 6 Congress MLAs, who were disqualified for defying party whip and voting against the party nominee during the Rajya Sabha polls. The apex court also denied permission to let them vote or participate in House proceedings.
A bench comprising justices Sanjiv Khanna and Dipankar Datta said, "We can issue notice there is no difficulty. There cannot be any stay…”. Senior advocate Harish Salve, representing the MLAs, said in the absence of stay on disqualification the petition will become infructuous. Justice Khanna said, “maybe…sorry! That will not be possible…as far as a fresh election is concerned that may be an issue, we have to decide either before the fresh election or we do not allow fresh elections to take place. That we have to put to the opposite side”. “Consequences are for you, we will not allow you to vote and be part of the legislative assembly”, said Justice Khanna.
Salve clarified that he is not asking for voting today. “No, we will not allow you to even participate”, said justice Khanna. Salve replied that is alright and “I can’t be told that sorry elections have been held and somebody else has come in your place”.
The bench said that part it can examine. Salve said give the other side a week’s notice and fix the matter for hearing. The bench reiterated there is no question of disqualified MLAs participating in the assembly proceedings. Salve said there are two separate dimensions: one the court is saying that it will not stay the disqualification and pending this petition, MLAs cannot participate in the House; and the second is the election commission has now notified and now fresh elections cannot be held, as the court will hear the matter.
Senior advocate A M Singhvi, representing the Himachal Pradesh government, said if at all the court issues notice and there is no question of your lordships, normally by four judgments, staying any election process.