SC permits Rajasthan Speaker to withdraw plea in opposition to High Court order


Satya Prakash
Tribune News Service
New Delhi, July 27


In a brand new twist to the Rajasthan political drama, Assembly Speaker C P Joshi on Monday withdrew his petition earlier than the Supreme Court in opposition to the July 21 state excessive courtroom order restraining him from going forward with the disqualification proceedings in opposition to 19 insurgent Congress MLAs, together with sacked Deputy Chief Minister Sachin Pilot.

A 3-judge Bench, headed by Justice Arun Mishra, allowed Rajasthan Speaker CP Joshi to withdraw his petition. Senior advocate Kapil Sibal, representing him, stated after the July 24 order of the excessive courtroom, the July 21 interim order below problem had change into infructuous.

“We have to weigh our legal options on what to do next,” Sibal informed the Bench.


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The HC had handed the July 24 order after the highest courtroom refused to remain its July 21 order directing the Speaker to not take any coercive motion in regards to the disqualification notices issued to insurgent Congress MLAs.

Sibal stated the July 21 order, which was challenged within the SC, has “merged” with the High Court’s subsequent order of July 24, making it infructuous.

The Bench allowed Joshi to withdraw his Special Leave Petition with the freedom to file a recent one maintaining all grounds open.

The Supreme Court had on July 23 refused to restrain the Rajasthan HC from passing orders on insurgent Congress MLAs’ plea in opposition to the disqualification proceedings initiated in opposition to them by the Speaker.

Raising problems with intra-party democracy, the highest courtroom had agreed to listen to the Speaker’s petition in opposition to the July 21 order of the HC. Dissenting voice cannot be shut in a democracy, it had stated.

A day after the SC order, the HC ordered establishment on the disqualification notices, successfully restraining the Speaker from going forward with the disqualification proceedings in opposition to the insurgent Congress MLAs.

It had additionally allowed including the Union of India as a celebration because the petitioners have challenged sure provisions of the anti-defection legislation i.e the Tenth Schedule of the Constitution.

 



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