The Rajasthan political crisis is set to reach the Supreme Court with assembly speaker CP Joshi headed to the top court against the high court that asked him not to decide the disqualification notices he had issued to the group of 19 lawmakers led by Sachin Pilot.
The high court on Tuesday told the Speaker not to move forward on the disqualification notices till Friday when the judges are expected to deliver its ruling.
Sachin Pilot and 18 lawmakers close to him were issued disqualification notices last week on a complaint from the Congress that has accused them of trying to topple the Ashok Gehlot government.
CP Joshi announced his decision to move the Supreme Court at a press conference where he warned that they were “heading for a constitutional crisis”.
Joshi stressed that there were more than one Supreme Court verdicts that ruled the judiciary could not interfere before the assembly speaker delivered its ruling.
“I don’t want a confrontation. I respect the judges… but the roles are well defined,” Joshi told reporters.
“The Speaker has the complete authority to send a showcause notice. I have asked my counsel to file SLP in Supreme Court,” he added. Joshi said he is dismayed by the high court judgement.
The Speaker has twice before deferred his deadline for action on the notices as the court proceedings continued beyond the expected time.
The division bench of Chief Justice Indrajit Mahanty and Prakash Gupta heard the petition filed by the Pilot camp challenging the disqualification notice from Speaker on Monday and Tuesday.
Mukul Rohatgi, arguing on behalf of Pilot, mentioned that the high court’s power in this case cannot be curtailed and that it has the jurisdiction to adjudicate upon the matter.
Rohatgi also maintained that the Speaker’s order issuing notices goes against the Tenth Schedule of the Constitution.
He also said that while on one hand, the 19 Congress MLAs (including Pilot) were given only three days by the Speaker to respond to the notices, on the other hand, the complaint by BJP’s Madan Dilawar regarding six turncoat MLAs who left BSP to join Congress was yet to be heard.
Rohatgi claimed that the proceedings “reek of malafides”.
“Mind you, we are in the middle of Covid–19 and only three days time is given for reply,” Rohatgi said.
The deferment is being construed as a breather for the Pilot camp.
After arguments from Rohatgi and Salve, Congress leader Abhishek Manu Sanghvi argued the case on behalf of Rajasthan Government.
“Pilot’s petition is premature. It’s not maintainable,” he said. Singhvi’s contention was based on the fact that the Speaker has not adjudicated on the matter so far.
Prateek Kasliwal, Counsel for Joshi, said, “It is wrong to accuse the Speaker of being biased. It is up to the Speaker to decide which matter he wants to take up first. If that argument is allowed, then people will begin questioning why their petitions have not been taken first. All arguments have concluded.”
Mahesh Joshi, the Congress’ chief whip, had sought the disqualification of rebel MLAs from the assembly due to their abstinence from the CLP meet.
