Rajasthan HC can pronounce verdict on rebel MLAs petition: SC

A three-judge bench of Justice Arun Mishra, Justice BR Gavai and Justice Krishna Murari refused to intervene in the proceedings before the Rajasthan High Court in the matter of former Deputy Chief Minister Sachin Pilot and other MLA's plea against disqualification notice issued against them by the State Assembly Speaker.

New Delhi:The Supreme Court on Thursday held that the Rajasthan High Court can pass an order on former deputy chief minister Sachin Pilot and other MLA's plea against disqualification notice issued against them by the State Assembly Speaker.

The bench led by Justice Arun Mishra was hearing an SLP filed by the Rajasthan Assembly Speaker CP Joshi, who had challenged the HC's order contending that it has no jurisdiction to interfere at the stage prior to disqualification, the court can interfere when the MLAs are qualified.

Senior Advocate Kapil Sibal, appearing for the speaker, argued before the court that, "the court can not direct speaker to extend time for disqualification proceedings. Its not the jurisdiction of the High Court".

Interference by the court in such matters is barred under para 6 of the 10th schedule of the constitution and hence the HC's directions are invalid, added Sibal.

Quoting Kihoto Hollohan, Sibal emphaised that only disqualified decision of the speaker can have judicial review and nothing that happens before, the notice period.

Judges asked, "On what grounds the disqualification was sought?"

The rebel MLAs have been indulging in anti party activities, they gave interviews that they want a floor test, they are staying at a hotel in Haryana and by law they can not be filing a petition in the HC against the notices issued to them. Its for the speaker to decide the grounds for disqualification not court," said Sibal.

"Why have they not been expelled if he is so convinced about the anti-party activities," the bench asked.

"He is the Speaker of the assembly, not a party," Sibal said.

Judges observed that this matter will have to be heard at length and whether the HC's order can be suspended or not will have to be examined. It declined the Speaker's request of transferring petitions from the HC to SC and ordered that HC's judgement shall be subject to the outcome of proceedings here.

"These are important questions related to democracy. How will democracy function? These are very serious issues. We want to hear it," said the bench.

The verdict on the matter has been put off till July 27.