On Monday, C.P. Joshi, Speaker of Rajasthan Legislative Assembly withdrew his petition challenging the High Court’s on July 21st order. The High Court order was regarding the direction against him not to disqualify Sachin Pilot and 18 other MLA’s.
Supreme court comprising B.R. Gavai, Arun Mishra, and Krishna Murari heard the matter. Senior advocate Kapil Sibal appeared for the Speaker.
On July 24th, the High Court issued fresh orders to maintain the status quo on the disqualification notices filed by MLA. High Court further held that it’s deferring its judgment till further notices are given by the Supreme Court. The status quo on this order literally means that the Speaker cannot take proceeding against the 19 rebel MLA’s even if they don’t file their replies.
Rajasthan High Court also allowed the petitioners in the naming Union of India as respondent because they were challenging the Constitutionality of Paragraph 2 (1) (a) of the tenth schedule. Hence, it can be understood that the orders of July 21st and July 24th have been merged.
In this context, counsel appearing for the Speaker, Kapil Sibal said that they want to weigh the legal options. The Speaker’s contention was that the High Court has no jurisdiction before the Speaker himself has not given a final decision.
On July 23rd, the Supreme Court decided to hear the petition because there’s a substantial question relating to the democracy of the Country. The bench also stated that they will not stay the proceedings of High Court however, it will be subjected to the Supreme Court Judgment.
The political drama continues in Rajasthan. Chief Justice Ashok Gehlot staged Dharna to convene an Assembly session to prove his majority on Saturday. The notice of disqualification of MLA’s was because of the complaint filed by Mahesh Joshi. He alleged that the MLA’s will have to face proceedings under the tenth schedule because of their anti-party statements and refusal to attend meetings on July 13th and July 14th. In this context, these MLAs had approached the High Court to challenge the proceedings of the Speaker.
This news has been written and submitted by Ms. Navya Sony during her course of internship at B&B Associates LLP. Ms. Navya is a final year law student of Symbiosis Law School, Pune.