The Speaker’s petition against the immediate relief received by the MLAs of the Pilot group from the Rajasthan High Court was heard in the Supreme Court today. Advocates Kapil Sibal and Advocate Harish Salve were represented on behalf of Sachin Pilot on behalf of Speaker CP Joshi. After the hearing, the Supreme Court refused to stay the High Court order. Now the matter will be heard on Friday. Let us tell you that the High Court, while hearing the petition of the MLAs of the Pilot faction, had stayed the Speaker’s action till July 24, after which the Speaker has approached the Supreme Court. At the same time, Sachin Pilot also filed a petition in the case and demanded that the central government be made a party in the case.
Kapil Sibal during the hearing
During the hearing, Kapil Sibal said that the court cannot instruct the speaker to extend the time of decision. Court intervention should not take place in the case until the speaker makes a final decision on the membership of legislators. Sibal said that the party had issued a whip for the meeting, but the pilot camp did not attend it. They are constantly trying to destabilize the government. After which the Chief Whip gave an application to the speaker to cancel the membership. The speaker was the one to decide, but the High Court stayed.
On what basis is the MLA unfit?
During the hearing, Justice Arun Mishra asked on what basis the speaker was about to disqualify the MLAs. Sibal said that the pilot camp is continuously plotting to topple the Gehlot government. Neither his phone is getting nor is he talking to party leaders. The party sent a notice to him via email. Despite this, instead of replying to the notice, he kept making rhetoric in the media. On Sibal’s argument, Justice Mishra said that if any MLA does not come to the party meeting, will he be disqualified.
‘Wrong to suppress dissent’
According to Justice Mishra, the legislators are the representatives of the public, it is not right to stop dissent in democracy in this way. Legislators cannot be disqualified while at the party, if this happens then it will become a trend and no one will raise a voice. Justice Mishra asked Sibal why the Speaker came to the court, he is neutral. On which Sibal said that it is not just a party meeting, it is about to bring down the government here. Apart from this, no judicial authority can decide on the merits of legislators. This right belongs only to the speaker.
Speaker trouble with one word?
During the hearing, the court said that the speaker has been asked by the High Court to wait only till 24 July. On which Sibal said that the word ‘instructions’ should be removed from the order, the court cannot do so. On this, the Supreme Court asked if you had problems with just one word. The order is called request everywhere. Later the court said that a long hearing is needed in this case. They will not stay the High Court order. The case will be heard again on Friday.