Mumbai: Rajasthan Assembly Speaker CP Joshi submitted before the Supreme Court on Thursday that the Rajasthan High Court had no jurisdiction to intervene on the disqualification notice issued to Sachin Pilot and other MLAs until a decision was taken on it.
Senior advocate Kapil Sibal, appearing for Joshi, said that the court cannot direct the Speaker to extend the time for filing his reply on the anti-defection notice to the MLAs.
“It is not within the jurisdiction of the court. The Rajasthan High Court was wrong to issue an instruction to the chairman. It is against the law settled at this point. The High Court had no jurisdiction unless the chairman petitioned but not decided. Anti-defection proceedings of other MLAs, “Sibal submitted.
Sibal said that the Speaker’s decision on disqualification is subject to judicial review, but said nothing had happened so far. He said that judicial review is possible only after a person is disqualified or suspended.
Sibal said, “Judicial review is not allowed at one level before the decision is made by the chairman. Before the decision, there can be no interference unless there is a suspension or disqualification.”
The bench questioned Sibal on what grounds the disqualification was sought?
Responding to the question, Sibal said, “The MLAs did not attend party meetings. They are involved in anti-party activities. They said that they wanted a floor test. They are in a hotel in Haryana, incommunicado. This all led to actions meaning they want to part ways from the party.”
The Rajasthan High Court on Tuesday asked Speaker CP Joshi to defer pending proceedings against him on a disqualification notice issued to Pilot and 18 MLAs of his faction and adjudicate the case on July 24.
Joshi had earlier sent notices to Pilot and 18 MLAs under the anti-defection law after Chief Whip’s disqualification application. The MLAs were earlier asked to appear before the Speaker of the Legislative Assembly on 17 July, but it was deferred in view of the hearing before the High Court.
(With ANI Inputs)