News: Plea has been filed by Rajasthan Assembly Speaker to stop the State’s High Court from deciding the validity of the antidefection notices issued to rebel Congress MLAs.
About Petition
- High Court has crossed the line by interfering in the ongoing disqualification proceeding even before the decision of speaker.
Rajasthan HC decision
On 21 July, the Rajasthan High Court said that it will pronounce its verdict on a petition filed by Pilot and 18 other MLAs, challenging the disqualification notices on 24 July. The HC also directed the Speaker to defer the disqualification proceedings till then. |
- High Court had no jurisdiction to ask him to defer the disqualification proceedings till July 24.
Questions raised by SC Panel
- Whether a legislator’s “voice of dissent” can be “shut down” with the threat of disqualification in a democracy?
- Can expressing dissent amount to “voluntarily giving up the party membership” under Paragraph 2(1)(a) of the Tenth Schedule of the Constitution and invite anti-defection proceedings?
Arguments put forward by petitioner’s side
- If these MLAs have to voice their dissent, let them do it in their party meetings.
- MLAs attempted to destabilise their own government, they are sitting incommunicado in a Haryana hotel and making demands for a floor test in the media.
- July 14 notice issued by the Speaker was an opportunity for the MLAs to explain their conduct.
SC’s decision
- Supreme Court refused Rajasthan Assembly Speaker C.P. Joshi’s plea to stop the State’s High Court from deciding the validity of the anti-defection notices.
- But HC’s decision will be subject to the final decision of SC in the case.
Background
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