Rajasthan Speaker files fresh plea in SC against HC order
Jul 29, 2020
New Delhi [India], July 29 : Rajasthan Speaker CP Joshi has filed a fresh petition in the Supreme Court challenging the July 24 order of the High Court staying proceedings on disqualification petitions against former deputy Chief Minister Sachin Pilot and 18 Congress MLAs.
The plea seeks to stay on the July 24 order of the High Court and proceedings of the case pending before the court.
Rajasthan High Court on Friday had ordered status quo on the disqualification notices sent by the Speaker, effectively barring the Speaker to proceed further on the notices under Tenth Schedule of the Constitution to disqualify the dissident MLAs, even if they do not submit their replies to it.
"The impugned order restraining the Speaker from performing his constitutional duties under the Tenth Schedule is a direct intrusion by the High Court into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution," read the plea filed by Joshi.
It added the July 24 order is "completely non reasoned" and does not reveal any reasons for passing the status quo order.
"The High Court has no jurisdiction to decide the validity of para 2(1)(a) of the Tenth Schedule on the anvil of the basic structure doctrine. The basic structure doctrine is a judicially evolved doctrine evolved by this court on what is the soul and spirit of the Constitution. Such a determination of the basic structure ought not to be carried out by the High Court more so when the challenge to para 2(1) (a) has already been upheld by this court in Kihoto," the plea stated.
Joshi had on Monday withdrew his plea from the top court against the High Court order asking him to defer his decision on disqualification notices issued to Pilot and 18 other Congress MLAs.
On July 23, the apex court held that the Rajasthan High Court can pass an order on Pilot and other MLAs' plea against disqualification notice issued against them by the State Assembly Speaker.
The notices were issued to Pilot and 18 MLAs under the anti-defection law after the chief whip's application for their disqualification. They were earlier asked to present before the Assembly Speaker on July 17, but the same was deferred in view of the hearing before the High Court.
The development had come as Rajasthan Congress is in turmoil after simmering differences between Pilot and Chief Minister Ashok Gehlot came out in the open. Pilot was removed as the Deputy Chief Minister and the state unit chief of Congress.
