Mahesh Joshi, Chief Whip of the Congress Rajasthan legislative assembly, has moved the SC. This move was in response to the decision of the Rajasthan HC to stay the proceedings in the state assembly. The proceedings were initiated against Sachin Pilot and 18 other rebel Congress MLAs.
Facts of the Case
(As in Continuation of the Rajasthan political crisis)
A petition was filed by the Chief Whip of the Congress against 19 rebel MLAs including Sachin Pilot. The petition was followed by the Rajasthan HC decision on July 24 passing an order staying the disqualification proceedings. The Court had also directed Speaker CP Joshi to defer the disqualification proceedings till its final verdict in the case.
The High Court’s order had also called for the “status quo” to be maintained as regard to the proceedings. This, Mahesh Joshi, states before the SC effectively results in a stay. The petition states that the HC order to this extent is unconstitutional, illegal, and in the teeth of the Kihoto Hollohan judgment of the SC.
Arguments before the Court
Congress Chief Whip has questioned the maintainability of the writ petition that was filed by the rebel MLAs. The challenge stating that only show-cause notice was issued to them by the Speaker, which was not adverse.
Further, it is averred that the challenge mounted against the constitutionality of Para 2(1)(a) of 10th Schedule is also not maintainable. This assertion was made on the basis of the Kihoto Hollohan Judgment.
The plea goes on to argue that the HC allegedly overstepped its jurisdiction by passing an order for the status quo. It is pointed out that the SC had held that judicial review was not available at stages prior to a final adjudication by the Speaker.
It is further stated that a prima facie case of defection is made out against Pilot and other rebel MLAs for alleged anti-party activities. On these grounds, the interim order of the High Court has been challenged before the Supreme Court. It is further stated that:
“It is thus submitted that the impugned order being ex facie illegal, unconstitutional and against the law…… Thus, the laws laid down by this Hon’ble Court deserves to be interfered with by this Hon’ble Court …. in the exercise of its discretionary powers under Article 136 of the Constitution”.
Court’s Observation
The plea is filed through VKC Law Offices. The petition is drawn by Advocates Varun K Chopra, J Rajesh Inamdar, and Aditya Bhat and settled by Senior Counsel Devadatt Kamat.
Earlier, Speaker of the Rajasthan Assembly CP Joshi had moved to the SC. A move in retaliation to the HC order on the grounds that HC had directly intruded into the domain of the Speaker.
This fresh plea by Joshi came two days after he withdrew the earlier plea filed against the Rajasthan High Court order “directing” the Speaker to refrain from going ahead with disqualification proceedings.
The move was in response to the decision taken by Rajasthan HC in the case of the Rajasthan Political Crisis. The Rajasthan HC had reinstated the Status quo and put a stay on the proceedings being carried out against the 19 rebels Congress MLAs.
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