<p>Rajasthan Assembly Speaker C P Joshi on Wednesday moved the Supreme Court against the High Court's direction to stay the disqualification proceedings initiated against sacked deputy chief minister Sachin Pilot and 18 other Congress MLAs.</p>.<p>A bench of Justices Arun Mishra, B R Gavai and Krishna Murari would take up the petition settled by senior advocates Kapil Sibal and Vivek Tankha contending that the High Court's July 21 order was a direct affront on the power of Legislature.</p>.<p>It claimed that the High Court erred in passing the interim order interdicting the Speaker from proceeding under the Tenth Schedule (anti-defection law) of the Constitution till July 24.</p>.<p>It said that the Supreme Court has to ensure all authorities in the Constitution do not cross their Lakshaman Rekha.</p>.<p>"Judiciary was never given a role by the Constitution under the Tenth Schedule to interfere in the manner it has done in the instant case resulting in this impasse," he contended in the petition filed by advocate Sunil Fernandes.</p>.<p>Sibal also mentioned the matter for urgent hearing before a bench presided over by Chief Justice S A Bobde, who asked him to approach the registry. By the evening, the matter was shown as listed before virtual court number two.</p>.<p>In his petition, Joshi also maintained that Speaker has "exclusive, non-transferable, and non-delegable powers and authority to adjudicate on the issues of disqualification".</p>.<p>The Speaker relied upon the Constitution bench decision in Kihoto Hollohan (1992) followed consistently till as recently as in Keisham Meghachandra Singh's case (2020), holding that the judicial review of the proceedings under the Tenth schedule is available only after the pronouncement of the order.</p>.<p>He sought to hear on the matter on Wednesday itself and granting of an ex-party stay on July 21 order by the High Court. The Speaker also sought stay on further proceedings before the HC in the matter.</p>.<p>The High Court's division bench led by Chief Justice Indrajit Mahanty had on Tuesday reserved order for July 24 on a plea by Pilot and his supporting MLAs against the disqualification notice issued by the Speaker on July 14, following the legislators demanded a change in leadership.</p>.<p>It had, however, directed the Speaker not to take any action on his notice till the pronouncement of orders on July 24.</p>.<p>The Speaker is also likely to file a separate petition for transferring the pending matter from the High Court to the top court. Meanwhile, Pilot and his supporting MLAs also filed a caveat in the top court, asking it not to pass any order in the matter without hearing them.</p>
<p>Rajasthan Assembly Speaker C P Joshi on Wednesday moved the Supreme Court against the High Court's direction to stay the disqualification proceedings initiated against sacked deputy chief minister Sachin Pilot and 18 other Congress MLAs.</p>.<p>A bench of Justices Arun Mishra, B R Gavai and Krishna Murari would take up the petition settled by senior advocates Kapil Sibal and Vivek Tankha contending that the High Court's July 21 order was a direct affront on the power of Legislature.</p>.<p>It claimed that the High Court erred in passing the interim order interdicting the Speaker from proceeding under the Tenth Schedule (anti-defection law) of the Constitution till July 24.</p>.<p>It said that the Supreme Court has to ensure all authorities in the Constitution do not cross their Lakshaman Rekha.</p>.<p>"Judiciary was never given a role by the Constitution under the Tenth Schedule to interfere in the manner it has done in the instant case resulting in this impasse," he contended in the petition filed by advocate Sunil Fernandes.</p>.<p>Sibal also mentioned the matter for urgent hearing before a bench presided over by Chief Justice S A Bobde, who asked him to approach the registry. By the evening, the matter was shown as listed before virtual court number two.</p>.<p>In his petition, Joshi also maintained that Speaker has "exclusive, non-transferable, and non-delegable powers and authority to adjudicate on the issues of disqualification".</p>.<p>The Speaker relied upon the Constitution bench decision in Kihoto Hollohan (1992) followed consistently till as recently as in Keisham Meghachandra Singh's case (2020), holding that the judicial review of the proceedings under the Tenth schedule is available only after the pronouncement of the order.</p>.<p>He sought to hear on the matter on Wednesday itself and granting of an ex-party stay on July 21 order by the High Court. The Speaker also sought stay on further proceedings before the HC in the matter.</p>.<p>The High Court's division bench led by Chief Justice Indrajit Mahanty had on Tuesday reserved order for July 24 on a plea by Pilot and his supporting MLAs against the disqualification notice issued by the Speaker on July 14, following the legislators demanded a change in leadership.</p>.<p>It had, however, directed the Speaker not to take any action on his notice till the pronouncement of orders on July 24.</p>.<p>The Speaker is also likely to file a separate petition for transferring the pending matter from the High Court to the top court. Meanwhile, Pilot and his supporting MLAs also filed a caveat in the top court, asking it not to pass any order in the matter without hearing them.</p>
