New Delhi: The Supreme court on Thursday refused the Rajasthan Assembly Speaker’s request to stay the state High Court’s proceedings on Sachin Pilot and MLAs petition against disqualification notice.
A bench of the Apex Court, headed by Justice Arun Mishra, allowed the Rajasthan High Court to pass the orders tomorrow, but said, it will be subject to the outcome of the SC proceedings.
The Apex Court bench headed by Justice Mishra directed that no restrain on the proceedings before Rajasthan HC.
“Can a person elected by people not express his dissent? Voice of dissent cannot be suppressed. In a democracy, can somebody be shut down like this?” Justice Mishra asked Kapil Sibal, who is representing on behalf of the Speaker.
The state HC’s judgement will be subject to the final outcome of the matter before the Supreme Court, Justice Mishra said.
The Apex Court said that the matter regarding the state Assembly Speaker’s plea against Rajasthan HC’s order not to proceed on the disqualification notice will now be heard on Monday, July 27.
The matter before the HC is listed tomorrow.
The Supreme Court gave the green signal to the Rajasthan HC to pronounce its order tomorrow on a plea by 19 Congress rebel MLAs including Rajesh Pilot challenging the disqualification proceedings initiated by the Speaker.
The SC, however, said, the order of the HC will be subject to its order and fixed the matter for further hearing to July 27, Monday.
The Rajasthan high court’s order on Tuesday created a confrontation between the judiciary and the legislature as the court asked the Speaker not to take any action till July 24, when it will pronounce its verdict on notice for disqualification issued by the Speaker.
If the disqualification of 19 MLAs take place, the strength of the Assembly will be reduced to 181, with a new halfway-mark of 91 required to rule the House.The disqualification will make it easier for Chief Minister Ashok Gehlot to retain the majority.
In the present Assembly, Congress has 107 MLAs while Bharatiya Janata Party 72