Congress Whip in Rajasthan Moves to Supreme Court Against Rajasthan High Court Order

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

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.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -