The Rajasthan assembly speaker Mr. C.P. Joshi has moved the Supreme Court challenging the Hon’ble Rajasthan High Court order of July 24, which had directed maintenance of status quo on the disqualification notice issued to 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot.
The petition which was filed through advocate Sunil Fernandes, further claimed that the high courtâ€™s order is a â€˜direct interferenceâ€™ in the â€˜proceedings of the Houseâ€™ under the Tenth Schedule, which is prohibited under Article 212 of the Constitution.
The petition has also mentioned that the order is prima facie Unconstitutional because it has set aside the law settled and precedent set by the supreme court in Kihoto Hollohan vs. Zachillhu while also violating certain provisions of the Constitution.
Earlier on 14 July, the Assembly Speaker had issued a notice to these MLAs, after the ruling Congress had complained him that the legislators had defied a whip to attend two legislative party meetings.
The high court had passed the order on the plea filed by the MLAs who have challenged the disqualification notice issued to them.
Earlier this month, the Supreme Court rejected another plea filed by the Speaker contending that the disqualification process was part of the Assembly proceedings and the Rajasthan High Court could not have interfered in it by asking him to postpone action against the rebel MLAs. The top court said that the Rajasthan High Court can announce its verdict on the petition of rebel MLAs challenging the disqualification notices on July 24.
This news has been written and submitted by Mr. Nikhil Punshi during his course of internship at B&B Associates LLP. Mr. Nikhil is a third-year law student at the Hidayatullah National Law University, Raipur.