NEW DELHI: Rajasthan meeting speaker C P Joshi moved the Supreme Courtroom on Wednesday difficult the excessive courtroom’s July 24 order staying additional proceedings on disqualification petitions in opposition to 19 insurgent Congress MLAs, together with Sachin Pilot, and requested […]
The speaker, who had withdrawn his problem to the HC’s earlier order from the SC on Monday, got here again to launch a sharper assault on the HC for appearing past the SC’s mandate within the 1992 Kihoto Hollohan judgment, which barred judicial interference in disqualification proceedings pending earlier than the speaker.
“The SC should make sure that the authorities beneath the Structure, together with the judiciary, train their jurisdiction inside the boundaries and performance inside their respective ‘Lakshman rekhas’ envisaged by the Structure itself. Judiciary was by no means anticipated beneath the Tenth Schedule (anti-defection legislation) to intervene within the method it has achieved within the immediate case leading to encroachment by the HC within the subject solely reserved for the speaker,” the plea stated.
The speaker made no secret of his deep angst over the HC’s overreach by nearly defending the insurgent MLAs by staying additional proceedings. “The HC acted in gross judicial indiscipline and judicial impropriety in searching for to reopen settled points determined by the SC’s Structure bench in Kihoto Hollohan case. The constitutional validity of Tenth Schedule (anti-defection legislation) together with Para 2(1)(a) had been particularly challenged earlier than the SC and the rivalry was repelled. Thus, the division bench of the HC couldn’t have acted as appellate courtroom over the correctness of the SC’s determination in Kihoto Hollohan,” Joshi’s plea stated.