JOIN USSupreme Court refuses Rajasthan Speaker's plea; did his move backfire?
The move by Rajasthan Speaker C P Joshi to approach the Supreme Court has apparently backfired with the top court not only refusing his plea but putting everything subject to outcome of his petition before it, keeping the disqualification proceedings initiated against Sachin Pilot and other rebel Congress MLAs in limbo.
With this, even if Rajasthan High Court on Friday decided against Pilot and his group, the Speaker would find it difficult to take any further action against them, since the matter is pending before the top court.
The Speaker who raised questions of jurisdiction of the High Court before the top court has participated in the proceedings over there. This factor was put before the top court, which did not prefer to stay the High Court's July 21 order for not taking any action against dissidents, till its judgement on July 24.
Though the Tenth Schedule (anti-defection law) of the Constitution entrusted the Speaker with absolute freedom to decide on such matters, the Constitutional courts have found his action in the past, subject to judicial review, if the procedure adopted by him was arbitrary, biased, mala fide and unfair.
The apex court, while agreeing to examine the Speaker's contention, has also broadened the scope of matter by asking if the elected representatives can't ventilate their dissent in a democracy.
On Friday, if the High Court finds nothing wrong in disqualification notice, Pilot and his group are sure to rush to the Supreme Court. If the Speaker's action is quashed, he would also approach the court, which would require longish hearing. Until the final decision by the Supreme Court, Rajasthan's political drama is likely to continue.