Published: August 1, 2020 2:27:58 am
Chief Whip of the Congress Legislature Party in Rajasthan Assembly Mahesh Joshi has moved the Supreme Court against the High Court’s July 24 order asking the Speaker to maintain “status quo” on the question of disqualification of 19 rebel Congress MLAs.
The plea said the High Court had “exceeded its jurisdiction “and that its order “impinges upon the domain of the legislature”.
Joshi said the HC order “is exfacie unconstitutional, illegal and in the teeth of the law laid down” by a Constitution Bench of the Supreme Court in 1992 in the case Kihoto Hollohan vs. Zachillhu.
He said the writ petition filed by the rebel MLAs in the HC “was totally non maintainable and premature”. It “sought to challenge only a notice dated 14.07.2020 issued by the Speaker calling for comments of the Respondents on the disqualification petitions filed against them under… the Tenth Schedule”, he said, adding “there was absolutely no adverse order of any kind against the Respondents and as such the Writ Petition… was completely non maintainable”.
Their writ petition sought to raise the question of constitutional validity of Para 2(1)(a) of Tenth Schedule, which was already settled by…