JOIN USRajasthan Speaker moves SC against HC order deferring action in Sachin Pilot case
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.
The petition settled by senior advocates Kapil Sibal and Vivek Tankha contended that the High Court's July 21 order was a direct affront on the power of Legislature.
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.
It said that the Supreme Court has to ensure all authorities in the Constitution do not cross their Lakshaman Rekha.
"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.
He also maintained that Speaker has "exclusive, non-transferable, and non-delegable powers and authority to adjudicate on the issues of disqualification".
The Speaker relied upon the Constitution bench decision in Kihoto Hollohan (1992), which was followed consistently till as recently as in Keisham Meghachandra Singh case (2020), holding that the judicial review of the proceedings under the Tenth schedule is available only after the pronouncement of the order.
He sought the hearing 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 a stay on further proceedings before the High Court in the matter.
The High Court's division bench led by Chief Justice Indrajit Mahanty had on Tuesday reserved order for July 24 on a plea by Sachin Pilot and his supporting MLAs against the disqualification notice issued by the Speaker on July 14, following the legislators demand for a change in leadership.
It had, however, directed the Speaker not to take any action on his notice till the pronouncement of orders on July 24.