A three-judge bench of Justice Arun Mishra, Justice BR Gavai and Justice Krishna Murari was hearing an SLP filed by the State Assembly Speaker CP Joshi against the interim order of the Rajasthan High Court in the matter. SC said the High Court order will be subject to the final outcome of the plea before the top court.
Appearing for Assembly Speaker CP Joshi, senior lawyer Kapil Sibal submitted that the court cannot direct the Speaker to extend the time for the MLAs to file their replies on the anti-defection notices.
"It is not in the jurisdiction of the court. The Rajasthan High Court was wrong in issuing a direction to the Speaker. This is against settled law on this point. The High Court had no jurisdiction until Speaker decided on the plea of Pilot and other MLAs' anti-defection proceedings," Sibal submitted.
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Senior advocate Mukul Rohatgi, appearing for Sachin Pilot, said that if the Speaker can himself agree to defer twice, why can't he wait for another 24 hours? Senior advocate Harish Salve, who was also appearing for Pilot and the other MLAs, also argued that the Speaker had deferred the proceedings before him on his own twice in the past.
"Issues of jurisdiction and maintainability have been argued before the High Court. Having appeared and argued there, why should Speaker now ask High Court not to decide?" Salve said.
The apex court observed that these are important questions relating to democracy. "How will democracy function? These are very serious issues. It's not just about the disqualification of some persons. We want to hear it," the bench said.
Justice Mishra asked Sibal if a person elected by the people cannot express his dissent. "Voice of dissent cannot be suppressed. In a democracy can somebody be shut down like this?" Justice Mishra said.
CP Joshi had knocked the doors of Supreme Court after Rajasthan High Court deferred ruling on Pilot’s plea till July24 and had asked speaker not to take any action against Pilot and the dissident MLAs till then on the disqualification notices.
The Speaker had earlier sent notices to Pilot and 18 MLAs under the anti-defection law after the chief whip's application for their disqualification. MLAs were earlier asked to present before Assembly Speaker on July 17, but the same was deferred in view of the hearing before the High Court.
The political slugfest in Rajasthan seems to be aggravating each day and the differences between the Congress factions remain unresolved even after several weeks.
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