Rajasthan Speaker knocks Supreme Court doors against the Rajasthan HC Order, citing it as interference into the legislature proceedings
The Rajasthan Legislative Assembly Speaker, C.P Joshi, on July 21, 2020, was asked by the Rajasthan High Court to defer any action against Sachin Pilot and 18 other Congress MLAs, till Friday. This is the second time that HC has deferred his action against the rebel MLAs. Earlier today, the Speaker, C.P Joshi, had said in the press release, that he has decided to move an SLP before the Hon’ble Supreme Court, against the delay to "avert a constitutional crisis". Later in the day, he moved an SLP before the Hon’ble Supreme Court, through Advocate Sunil Fernandes, contending against the interference of Rajasthan High Court in the proceedings of the legislature.
Background
Earlier, the Assembly Speaker C.P Joshi had served disqualification notices upon the 19 rebel MLAs of the Congress party, including Sachin Pilot, for engaging in anti-party activities. These notices were served upon them by the Assembly Speaker CP Joshi when these MLAs skipped two meetings of the Congress MLAs. This action of the rebel MLAs was described as “defying a whip”.
These MLAs then moved a writ petition before the Rajasthan HC, challenging the notices served upon them. And, the rebel MLAs argued before the Rajasthan HC, that no whip can be in place when the assembly is not in session. Further, they also told the HC, that they have no plans to quit the Congress party, rather they only want change in its Rajasthan leadership.
Order of Rajasthan High Court
Last week, hearing the plea filed by such MLAs, challenging the notices served upon them by the Speaker C.P Joshi, the Rajasthan HC first asked the Speaker C.P Joshi to defer any action by three days. And later, on 21 July, 2020, the Speaker was again asked by the Rajasthan HC not to take any action, until Friday i.e. July 24, 2020.
The Rajasthan High Court will announce its decision on the rebel MLA’s petition challenging the notices, on July 24, 2020.
Press Release
In a press release that came out today, the Speaker C.P Joshi said "It is well-defined by the Supreme Court that only the Speaker can decide on anti-defection. The Speaker had full authority to send notice. It can be judicially reviewed only later, after the Speaker's decision".
Rajasthan Assembly Speaker C.P Joshi further said, “I don’t want a confrontation. I respect the judges but the roles are well defined, the Speaker has the complete authority to send a show cause notice. I have asked my counsel to file SLP in Supreme Court”.
The Speaker C.P Joshi, called the rebel MLA’s petition, a dangerous precedent that could lead to a breakdown of the constitutional rules.
Conclusion
The Speaker C.P Joshi’s move to seek the intervention of the Hon’ble Supreme Court expresses his fear that the Rajasthan High Court’s verdict on July 24, 2020, might go against him. Further, there is speculation, that Rajasthan Chief Minister, Sh. Ashok Gehlot, is keen on a test of strength in the Rajasthan assembly now, before Sachin Pilot and other 18 rebel MLAs gets more
time to win over other MLAs. The court verdict will have a huge impact on a floor test in the Rajasthan Assembly.
 (800 x 650 px) (2)_20240615032724_original_image_41.webp)
