Rajasthan Speaker approaches SC against HC interim order on disqualification notice matter

New Delhi: Rajasthan Legislative Assembly Speaker CP Joshi on Wednesday approached the Supreme Court against the interim order passed by the Rajasthan High Court on the petition filed by former Deputy Chief Minister Sachin Pilot and MLA from his camp against the disqualification notices issued against them.

Joshi, in his Special Leave Petition (SLP), said that the impugned interim order has interdicted and restrained the Speaker from calling of replies and conducting hearing of the disqualification proceedings pending against the respondents till July 24,

“It is respectfully submitted that the impugned order completely destroys the delicate balance envisaged by the Constitution between the Legislature and the Judiciary,” the SPL said.

“It is submitted that the impugned order is a direct intrusion into the exclusive domain of the Speaker and the impugned order is directly against the mandate of Article 212 of the Constitution read with Para 6(2) of the Tenth Schedule,” it said.

The petitioner also sought an urgent hearing on the SLP in the interest of justice.

Speaker’s responsibilities are well defined by Supreme Court & Constitution. As Speaker I got an application & to seek info on it, I issued show-cause notice. If show cause notice will not be issued by authority, then what is the work of authority: Rajasthan Assembly Speaker https://t.co/FhZCQ3APUN

— ANI (@ANI) July 22, 2020

“That thus the proceedings under the Tenth Schedule before the Speaker are proceedings of the Legislature and as such cannot be interfered with as repeatedly held by this. The impugned order is thus ex facie illegal, perverse and in derogation of the powers of the Speaker under the Constitution,” it said.

The Rajasthan High Court had on Tuesday asked Speaker CP Joshi to defer the proceedings pending before him on the disqualification notices issued to Pilot and 18 MLAs of his faction, and put off the verdict on the matter to till July 24.

Pilot and the 18 MLAs from his camp had approached the Rajasthan High Court over the disqualification notices, seeking the quashing and setting aside of the show-cause notices issued to them on July 14 by the Speaker of the Rajasthan Legislative Assembly.

Rajasthan Assembly Speaker CP Joshi had sent notices to Pilot and 18 MLAs under the anti-defection law after chief’s whip application for their disqualification. MLAs were earlier asked to present before Assembly Speaker on July 17, but the same was deferred in view of the hearing before the court.

The development had come after Pilot and the lawmakers supporting him skipped Congress Legislature Party (CLP) meetings on July 13 and 14.

Rajasthan Congress is in turmoil after simmering differences between Pilot and Chief Minister Ashok Gehlot came out in the open. Pilot was, on July 14, also sacked from the posts of Rajasthan Deputy Chief Minister and state PCC president.

Meanwhile, Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the state government by poaching MLAs. (ANI)