Rajasthan Congress chief whip moves SC against HC order on disqualification


By: Express News Service|New Delhi |

Upgraded: August 1, 2020 7: 20: 41 am

rajasthan crisis, mahesh joshi Mahesh Joshi has actually moved the Supreme Court versus the High Court s July 24 order asking the Speaker to preserve status quo on the concern of disqualification of 19 rebel Congress MLAs. (Source: Twitter/@DrMaheshJoshimp)

Chief Whip of the Congress Legislature Party in Rajasthan Assembly Mahesh Joshi has actually moved the Supreme Court against the High Court s July 24 order asking the Speaker to keep status quo on the question of disqualification of 19 rebel Congress MLAs.

The plea said the High Court had exceeded its jurisdiction which its order impinges upon the domain of the legislature.

Joshi said the HC order is exfacie unconstitutional, unlawful and in the teeth of the law put down by a Constitution Bench of the Supreme Court in 1992 in the case Kihoto Hollohan vs. Zachillhu.

He said the writ petition submitted by the rebel MLAs in the HC was totally non maintainable and early. It sought to challenge just a notice dated 14.072020 provided by the Speaker requiring comments of the Respondents on the disqualification petitions filed versus them under the Tenth Arrange, 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 looked for to raise the concern of constitutional credibility of Para 2( 1 )( a) of Tenth Schedule, which was currently settled by the Supreme Court in the Kihoto case, Joshi said.

It was on disqualification petitions filed by Joshi that the Speaker provided the notices to rebel MLAs.

On this, Joshi stated the petitions submitted by him make out a main facie case versus the MLAs of voluntary giving up subscription of the party under para 2( 1 )( A) of the Tenth Set up.

Substantiating this, he stated tomb and sinister efforts were being made by them to break the ranks of the INC and fall the properly chosen INC Federal government in the State of Rajasthan.

The rebels had intentionally absented themselves from 2 vital CLP conferences held on 13.0720 and 14.0720 in spite of duplicated suggestions and notices, he said, adding the media was swarming with vociferous demands by the MLAs calling for a flooring test versus their own Federal government.

They even declared that the INC Government had actually cheated the people of Rajasthan. They had become unattainable to the Celebration leadership by going incommunicado and were delighting in the hospitality of the State BJP Federal Government in Haryana at a resort in Manesar (Haryana), Joshi stated.

The primary whip said he had actually asserted before the HC that the rebels are acting in show with the BJP and there are major attempts being made by them to use allurements and bribes to members of the INC to switch assistance to the BJP.

Joshi said such conduct of the MLAs exposes grossest kind of defection under Para 2( 1) (a) of the Tenth Arrange.

On July 29, Assembly Speaker C P Joshi too had moved the SC versus the HC order.

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