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Rajasthan speaker can request closure of SC proceedings | India News


JAIPUR: The Rajasthan speaker is likely to seek closure of proceedings in the SC on Monday for his petition challenging the jurisdiction of the higher court to interfere in the adjudication process of the disqualification petition filed by the head of Congress against 19 MLA of Congress, reports Dhananjay Mahapatra.
TOI had reported yesterday in its final issue that Congress was likely to retract the speaker’s statement. Congressional sources said the speaker’s rushed SC petition aimed to get the HC to follow the 1992 Kihoto Hollohan trial.
But now it has become an academic exercise, as the HC has made a decision that restricts the speaker from carrying out his constitutional duties in complete violation of the Hollohan ruling, they said.
Meanwhile, the SC has also broadened the scope of the debate into an established legal position by deciding to examine whether dissent could be quelled by disqualification, which is not relevant to the current political and constitutional crisis.
Lawyers are of the opinion that a long pendency of such matters in court could restrict the swift political maneuvers of Congress in Rajasthan, delay the resolution of problems and give wings to the rebel MLAs.
The deference shown by the speaker to appear before the Rajasthan High Court after the rebellious MLAs challenged his notification to them has become a judicial chain that prevents him from fulfilling his constitutional functions, including deciding on pending disqualification petitions, the congressional legal team said. .
The speaker, in good faith and showing respect to the judiciary, appeared before the HC to indicate that it could not go beyond the judgment of the bank of five SC judges in the Hollohan case, which had established that neither the HC nor the SC could interfere in disqualification proceedings before the speaker.
The SC also ruled that only after the speaker made a decision could it be challenged in the constitutional courts. “Since the HC or SC could not ask the speaker to show the cause, if it had not appeared before the HC, he could not have been criticized. If he had proceeded with the disqualification procedures, his actions would have been in line with the Hollohan ruling. It couldn’t be worse for showing deference to the constitutional courts, ”said a lawyer for the party’s legal team.
Lawyers see no purpose in prolonging proceedings in the SC as it could impede efforts to eliminate the rebels. “What is needed is a political push to signal the partisan role played by the governor in delaying the House’s convocation despite the advice of the council of ministers led by Ashok Gehlot.” At the first opportunity, Gehlot should demonstrate his majority on the floor of the Chamber, “said the lawyer.

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