Lawstreet Journal

Senior Advocate Singhvi Opposes Maintainability of Sachin Pilot’s Petition; States Courts cannot interfere before Speaker Decides on Disqualification

Lawstreet Journal 22 Jul 2020 9:02pm

Image courtesy: Lawstreet Journal Judiciary Senior Advocate Singhvi Opposes Maintainability of Sachin Pilot’s Petition; States Courts cannot interfere before Speaker Decides on Disqualification

While objecting to the maintainability of the petition filed in Rajasthan High Court by the dissident Congress MLAs led by Sachin Pilot, Sr. Advocate Dr. Abhishek Manu Singhvi stated that the Court cannot interfere in the matter before the Speaker takes a concluding decision on the disqualification proceedings. The Speaker's decision to initiate disqualification proceedings is not amenable to judicial review. Dr. Singhvi, appearing for the Speaker, submitted before a division bench comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta., stated that, “There is no cause of action for the writ until the Speaker takes a decision on the disqualification notice.” 

Singhvi responded to the petitioners' challenge to the constitutionality of paragraph 2(1) (a) of the Tenth Schedule of the Constitution. He pointed out that the SC, in the 1992 case of Kihoto Hollohan, had rejected the same arguments against the tenth schedule by arguing that a reasonable restriction on the freedom of speech of a member was not absolute freedom. The High Court cannot reopen the settled position. An interim order to stay the notices of the Speaker will lead to a stay on the operation of Paragraph 2(1)(a) of the Tenth Schedule, which cannot be affected. In cases concerning constitutional challenges, the Courts should be highly hesitant to stay the provisions. Singhvi submitted, citing SC decisions, the operation of the statutory provisions cannot be stultified in the interim. He stated, “The Speaker is yet to decide on the matter. Show-cause notice cannot be stayed. The questions of facts… Continue Reading...


Tagged: Sachin Pilot  
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