NEW DELHI: Congress’s chief whip in Rajasthan meeting Mahesh Joshi moved the Supreme Courtroom on Friday difficult the excessive court docket order just about staying proceedings on his petition earlier than the Speaker searching for disqualification of 19 insurgent MLAs, […]
In his enchantment, Joshi mentioned the Speaker had solely issued notices on his petitions searching for disqualification of the insurgent Congress MLAs, who had grossly violated the anti-defection provisions in Tenth Schedule of the Structure by “appearing in live performance with the BJP” and making “critical makes an attempt to supply allurements and bribes to members of the INC to modify assist to the BJP”. These acts made them good candidates for disqualification below Paragraph 2(1)(a) of Tenth Schedule, which dwells on the problem of ‘voluntarily giving up membership’ of the guardian social gathering.
Just like the Speaker, who has additionally challenged the July 24 HC order, the chief whip mentioned the HC dedicated an error by refusing to observe the SC’s five-judge bench ruling in 1992 in Kihoto Hollohan case, the place it had barred judicial interference in pending disqualification petitions earlier than the Speaker. Within the Hollohan case, the SC had mentioned solely a last choice of the Speaker in a disqualification petition could possibly be challenged earlier than the HC or the SC.