Jaipur: Supreme Court will hear the Special Leave Petition of Rajasthan speaker CP Joshi on Monday against the rebel MLAs led by now-sacked deputy chief minister Sachin Pilot who engineered a revolt against the Ashok Gehlot government.
A three-judge bench of the Supreme Court will hear the matter at 11 am.
SC on Thursday had said 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 verdict on the matter was put off till July 27.
The Rajasthan High Court had on July 24 directed to maintain "status quo" on the disqualification proceeding against former Deputy Chief Minister Sachin Pilot and 18 other MLAs of his camp pending before the State Assembly Speaker.
The bench led by Justice Arun Mishra heard 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 the speaker to extend time for disqualification proceedings. It's 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 emphasised 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?"
READ: Rajasthan turmoil: BSP issues whip to 6 MLAs, says to vote against Gehlot govt
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. It's 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 Congress has accused the BJP of indulging in horse-trading to bring down the Gehlot government. The BJP has rejected the allegations.
The Congress government in Rajasthan continues to be in turmoil after the simmering differences between Sachin Pilot and Ashok Gehlot came out in the open.
Pilot was sacked from the posts of Rajasthan deputy chief minister and state unit president last week. The 42-year-old leader and 18 MLAs who are supporting him, were also issued disqualification notices by the speaker of the state assembly.
READ: Congress not to protest at Raj Bhawan in Rajasthan today
With agency inputs
