Relief for Sachin Pilot camp as Supreme Court defers case for July 27, no stay on Rajasthan HC order

The Supreme Court on Thursday (July 23) heard Rajasthan Assembly Speaker CP Joshi’s petition challenging Rajasthan High Court order barring Joshi from conducting disqualification proceedings against Sachin Pilot and 18 other rebel Congress MLAs, till July 24 (Friday) and deferred the case for Monday (July 27).

The SC, however, passed no stay order on the proceedings of the Rajasthan HC and directed both sides to submit concise written submissions on their case. Kapil Sibal, counsel for Rajasthan Speaker, has urged the SC to stay HC decision.

The matter was heard by a three-judge bench of Justice Arun Mishra, Justice Krishna Murari and Justice B R Gavai. 

Harish Salve, appearing for Sachin Pilot, objected to Sibal's argument saying the Speaker has been participating in the proceedings before the HC. He added that Speaker Joshi also argued his case in HC and should have raised objection on Day 1 itself.

Earlier, during the hearing, the SC had asked Rajasthan Speaker, "On what grounds disqualification was sought?" 

Sibal responded saying that the dissident MLAs failed to attend party meet and indulging in anti-party activities. The MLAs are in a Haryana hotel, incommunicado and called for floor test against their own party.

Sibal had started the argument by saying, “The court cannot direct the Speaker to extend the time to file their replies to the anti-defection notices. It’s not in the jurisdiction of the court. Rajasthan HC was wrong in issuing a direction to the Speaker. This is against settled law on this point.”

Sibal said that sweeping discretion is available with the Speaker and his decision on disqualification may be subject to judicial review, but the Court has no power on anything that happens before the disqualification process.

The SC asked Sibal, "Can't the court interfere if the Speaker disqualifies an MLA?" Sibal responded  saying, "Yes, but intervention can only be after the decisions are taken."

Sibal also said that the Speaker cannot be directed to extend the time to file their replies to the anti-defection notices. He argued that this is beyond the the jurisdiction of the court.

Sibal said, "The argument is that prior to the decision of the Speaker, no intervention by court can be done unless there is a suspension by the Speaker or an interlocutory disqualification happens."

The top court also asked Sibal's view on intra-party democracy. Sibal responded saying, "It is for the MLAs to explain. They should come back and say they were in a vacation. They are exercising free speech, etc. The apex court asks if a whip can be issued for attending a party meeting. Sibal denies Speaker CP Joshi issued a whip for the meeting and says, it was only a notice not a whip."