Speaker of the Rajasthan Assembly CP Joshi has withdrawn his petition before the Supreme Court challenging the Rajasthan High Court order of July 21 in the case concerning the disqualification notice served on Sachin Pilot and 18 other MLAs (Hon’ble Speaker v. Prithiviraj Meena & Ors).
Rajasthan Assembly Speaker CP Joshi had moved the Supreme Court against the order of the Rajasthan High Court that “directed” the Speaker to refrain from proceeding against Sachin Pilot and other rebel Congress MLAs till the High Court pronounces its order.
A Bench of Justices Arun Mishra, BR Gavai, and Krishna Murari was informed by Senior Advocate Kapil Sibal today that the petition was being withdrawn in light of the order passed by the High Court on July 24.
The status quo implies that Speaker Joshi would not be able to proceed further on the show-cause notice, which was issued to the 19 dissident Congress MLAs on July 14, even if these legislators did not submit their replies.
The High Court had also allowed the petition filed by the Sachin Pilot camp to add the Union of India as a respondent to the case in view of the challenge to the Paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India, which deals with anti-defection.
Kapil Sibal said that the July 21 order, which is the subject matter of challenge in the present SLP, has “merged” with the High Court’s subsequent order of July 24, and therefore, the plea before the Supreme Court has become infructuous.
Therefore, the SLP was withdrawn with liberty to file a fresh SLP, keeping all grounds open.
On July 23, a three-judge Bench of the Apex Court had agreed to hear at length the plea filed by the Speaker in the case concerning disqualification notices served on Sachin Pilot and 18 other MLAs.
The Court had refused to grant a stay on the High Court order.
