The political crisis in Rajasthan reached the Supreme Court on Wednesday with assembly speaker CP Joshi filing a speacial leave petition (SLP) against a high court order that asked him not to decide the disqualification notices he had issued to the group of 19 lawmakers led by Sachin Pilot.
In his petition, Joshi called the order “illegal, perverse, and in derogation of the powers of the Speaker”.
“The proceedings under the Tenth Schedule before the Speaker are proceedings of the legislature and as such cannot interfered with as repeatedly held by this Hon’ble Court as envisaged under Article 212 read with para 6(2) of the Tenth Schedule,” the Speaker said in his petition.
The high court’s order restrained the Speaker from even calling and conducting the disqualification proceedings pending against the respondents till July 24, the petition said.
The petition further stated that the high court order violated Kihoto Hollohan case decided by the Supreme Court in 1992.
In that case, a Constitution bench of five judges expressly held that courts cannot interdict the Speaker from proceeding ahead at the quia timet stage (apprehen