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The Rajasthan assembly Speaker Dr. CP Joshi on Wednesday has once again moved the Supreme Court, challenging the order passed by the Rajasthan High Court on 24th of July, directing him to maintain status quo over the disqualification notice issued against former Deputy CM Sachin Pilot and other 19 rebel Congress MLA’s.
CP Joshi had filed an SPL before the SC earlier this week challenging the order dated 21st of July passed by the Rajasthan HC which directed him to no go ahead with the disqualification process until the court passes its final verdict in the case, the SPL was withdrawn by the speaker on Monday as the order passed on 24tth of July was merged with the previous order delivered by the High Court on 21st July after which the SLP before the SC became infructuous. Therefore this new SPL has been filled before the SC on Wednesday.
The SPL states the final decision taken by the speaker is amenable to judicial review as mention in the tenth Schedule but the quia timet (injunctive) action taken against him before the final decision is “constitutionally impermissible”. He has even quoted that it is in contravention to landmark Judgment passed in the case of Kihoto Hollohan vs. Zachillhu & others(1992), in which the court had upheld the discretion available to the speaker in deciding the cases relating to the disqualifications of the MLA’s. There is no interim disqualification as only a notice has been passed by the speaker dated 14th July calling for the comments under rule 7(4) of the Rajasthan Assembly Disqualification Rules.
After the notice was passed the MLA’s moved to the Rajasthan HC on 16th July, challenging the notice. On the 21st of July, the HC in its order requested the speaker to defer from his decision over the disqualification proceedings.
Pilot was removed from the post of deputy CM and the president of the state congress unit after he had rebelled against Chief Minister Ashok Gehlot.
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