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?"
