By Rupali Gupta-
On Friday Rajasthan congress whip Mahesh Joshi approached the SC against high court order of July 24. In this order high court asking the speaker to postpone the disqualification proceeding against the deputy chief minister Sachin Pilot and 18 MLA.
Before this, speaker CP Joshi filed the appeal against the high court order of July 24 by advocate Varun Chopra. He said that: the High Court order is “ex-facie unconstitutional, illegal and in the teeth of the law laid down by this court in 1992 verdict in the case of Kihoto Hollohon”.
The judgment in Kihoto Hollohon had held that the power of disqualification is in the hand of speaker and judiciary can’t interfer in the process.
The petition also included that the power of speaker is reserved under the tenth schedule of the constitution.
The Speaker’s plea, settled by senior advocates Kapil Sibal and Vivek Tankha, has also sought stay on further proceedings in the matter pending before the High Court.
The Speaker’s plea, filed through advocate Sunil Fernandes, claimed that the high court’s order is a “direct interference” in the ‘proceedings of the House’ under the Tenth Schedule which is prohibited under Article 212 of the Constitution.
On July 27, the top court had allowed the Assembly Speaker to withdraw his plea against the high court’s July 21 order asking him to defer till July 24 the disqualification proceedings against MLAs.
The assembly Speaker had issued the notice to MLAs on July 14 after the ruling Congress had complained to him that the legislators had defied a whip to attend two legislature party meetings.
The high court had passed the order on the plea filed by these MLAs who have challenged the disqualification notice issued to them.